THE WHOLE PROCEEDINGS ON THE KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON; AND ALSO The Gaol Delivery for the County of Middlesex; HELD AT JUSTICE HALL in the OLD BAILEY, On Wednesday the 14th of SEPTEMBER, 1785, and the following Days;

Being the SEVENTH SESSION in the Mayoralty of The Right Hon. RICHARD CLARK , LORD MAYOR OF THE CITY OF LONDON.

TAKEN IN SHORT-HAND BY E. HODGSON, PROFESSOR OF SHORT-HAND; And Published by Authority.

KING's Commission of the Peace, Oyer and Terminer, and Gaol Delivery for the CITY of LONDON, &c.

BEFORE the Right Honourable RICHARD CLARK , LORD MAYOR of the City of London; the Honourable Sir HENRY GOULD , Knt. one of the Justices of his Majesty's Court of Common Pleas; the Honourable Sir WILLIAM HENRY ASHURST, Knt. one of the Justices of his Majesty's Court of King's Bench; the Honourable Sir BEAUMONT HOTHAM, Knt. one of the Barons of his Majesty's Court of Exchequer; the Honourable JAMES ADAIR , Serjeant at Law, Recorder of the said City; JOHN WILLIAM ROSE , Esq; and others his Majesty's Justices of Oyer and Terminer of the City of London, and Justices of Gaol Delivery of Newgate, holden for the said City and County of Middlesex.

First London Jury.

John Shank

William Seaman

Joseph Buckland

James Ealey

William Allen *

* Thomas Collier served the four last days in the room of William Allen .

Samuel Hall

Henry Young

James Fowle

John Smith

Joseph Johnson

Thomas Farrance

Tho. Gillebrand

Second London Jury.

Peter Cookburn

Robert Black

Ayres Cook

William Hales

Thomas Cotton

John Allen

John Box +

+ Miles Mason served the last day in the room of John Box .

John Bailey

John Bird

Henry Shutleworth

Thomas Wilkie

John Brown

First Middlesex Jury.

John Gregory

Edward Shee

James Lock

Tho. Cartwright ++

++ William Lockwood served on the 5th day in the room of Thomas Cartwright .

Thomas Southwell

James Canter

James Burges ~

~ Saul Richardson served on the 7th day in the room of James Burges .

John Lambert

Thomas Lyne

John Smith

William Allen

Joshua Owen

Second Middlesex Jury.

Francis Jones

William Nicholl

Simon Leith

George Mitchell

Thomas Weaver

James Linden

Charles Chowles

Richard Warren

Caleb Jones

George Wells

John Moore

James Bumpsted .

Reference Number: t17850914-1

725. CORNELIUS MORAN was indicted for feloniously assaulting Francis Phillips , on the King's highway, on the 2d day of July last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and

On the 2d of July, I was robbed, about half past nine in the evening, in Ratcliff-highway , the prisoner at the bar gave me a shove, I cannot say he robbed me; I was beat and ill used very much, there were several others that appeared to be of the prisoner's company.

Did any thing pass between the prisoner and the people that appeared to be in his company? - I cannot take upon me to say, I was rather in liquor at the time.

As you was in liquor, then can you take upon yourself positively to say, that the prisoner was one of the persons? - He was the person that first struck me, and gave me a shove, then the prisoner asked me if I would fight with him, I said, I would charge an officer with him as soon as I could get one, and several people being round me, I felt one of them pull at my watch, but who it was I cannot say; I was almost knocked down but not quite, I was against the wall, they made two pulls, and I lost my watch, a steel chain, and two silver seals; it was a very small watch, both cases silver, I held the prisoner by the coat while I got assistance, I am not certain whether I lost any money.

Did the prisoner appear to be sober? - I cannot inform you, for I was very much in liquor myself, and I cannot tell in what condition he was, but to me he appeared to be sober.

How many were there that appeared to be in his company as you suppose? - I suppose at least there might be seven or eight, and one of them held me by the hair while another hit me over the face, I look upon it, that it was the prisoner that robbed me, but I cannot be positive.

ROBERT PARNELL sworn.

I was coming along at the same time, behind the prosecutor, and I saw the prisoner shove the prosecutor against a public house, the corner of White's-yard and afterwards the prisoner asked the prosecutor if he would fight; then he went into the house opposite, and as soon as he came out again, five or six men came out, and the prisoner put his head between the prosecutor's legs, and after sometime he pulled the watch out of the prosecutor's pocket with his left hand.

Did you see him do that? - Yes.

Are you sure of that? - Yes, I then called out that the gentleman's watch was gone, and then all these men that came after him went and pulled the gentleman about, and said, what watch? and then the prisoner called out let him fight; he then had his head between the prosecutor's legs, then the other pulled the prosecutor by the hair of the head, out into the middle of the road, and the prosecutor held the prisoner by his coat, the prosecutor cried murder! they got him down a gateway, I then went to a butcher's over the way, and asked where the runners were kept, then I sent a boy from the public house for one, and the prisoner and the prosecutor were taken into the public house, the prosecutor still kept hold of the prisoner.

Were the other men got away? - They might have got away, there was a great croud.

Did you find the watch upon him? - No.

Prisoner. Why did not he mention it at the time that he saw me take the watch? - I mentioned it at the time.

WILLIAM PACKER sworn.

I am headborough of St. John, Wapping; I was applied to by the last witness, to come and take this man, the prosecutor had hold of the prisoner when I came up, there was no watch upon him when he was taken.

PRISONER's DEFENCE.

I knew nothing of the gentleman's watch, I have no witnesses.

Jury to the boy. What are you? - I live at Mr. Lowden's, hat-maker, in Leadenhall-street,

I am sixteen years old; I am sure I saw the prisoner take out the watch, and it was handed away directly.

Jury to Prosecutor. What are you? - A gangsman, I knew the prisoner before.

Have you been in company with him? - No, never in my life, the prisoner knows me very well, but I never employed him, I wish you to be favourable to him, only that he may be punished.

Jury to the boy. How came you to be there; I was carrying home a hat.

And are you sure you saw him take the watch out of his pocket? - Yes.

The Jury withdrew for a short time, and returned with a verdict,

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice ASHURST.

Reference Number: t17850914-2

726. WILLIAM LAWES was indicted for feloniously assaulting Jane the wife of Thomas Holmes , on the 15th day of May last, in a certain field and open place near the King's highway, and putting her in corporal fear and danger of her life, and feloniously taking from her person and against her will, two half crowns, value 5 s. and sixpence in money, the monies of the said Thomas .

JANE HOLMES sworn.

I am wife of Thomas Holmes , on the 15th of May, Whitsunday, on my return from Edmonton Church, at the end of sacrament time as near as I can recollect a quarter past one, a little more or a little less, I was going to Wynchmore-hill, I was on foot and quite alone, and near the entering of a lane, called Mr. Tashmakers Lane , a man met me and stopped me.

How far was that from Edmonton church? - A mile, the man presented a pistol to me, and said, Madam, your money or your life, I begged him to take that from me, and I would give him all I had, he told me not to be frightened, I should not be hurt, and I gave him two half crowns, and sixpence, and he left me immediately, I went to Wynchmore-hill, I suppose he went from me, I saw no more of him.

Do you know the man? - Yes.

Is the prisoner the man? - Yes.

Look at him? - Yes, he is the man.

Did you know him before? - I never saw him in my life before.

How long might he stay with you? - I suppose four or five minutes.

Was you so long getting out the half crowns? - Yes.

Did you see any body go by at the time? - Not anybody, I did not see a creature near me till I was out of the field in the lane.

Is it a public path? - A public path from the church.

How was he dressed? - In a day labouring working dress.

What sort of a hat? - A very old shabby hat flapped round his head.

And had you a fair opportunity of seeing his countenance? - Yes, my Lord, I stood with him some minutes particularly begging he would not hurt me, and pleading to save one half crown.

You mean to tell the Jury, the prisoner is the man? - I am too sure he is the man, if I had had the least doubt I would not have come into this Court.

How long after was he taken up? - The 17th of July.

Court. That was two months after the time, did you recollect him again immediately? - I recollected him the instant I saw him, I mentioned the robbery as soon as it was committed, I was walking with Mr. and Mrs. Dale and Mr. Holmes after tea, and in a lane near Salmon's brook this man met us, and I instantly said that is the man that stopped me on the Whitsunday, the reply was, are you sure of that? and immediately Mr. Dale and Mr. Holmes seized the man.

you had been robbed before? - It was some distance, I cannot tell exactly how near.

MICHAEL DALE sworn.

I seized the man by Mrs. Holmes's directions, that that was the very man that had robbed her, I said, are you certain sure? she pointed with her fingers, says she, that is the fellow, with that we seized him, the poor man absolutely utterly denied it, and said, he was not the person, and so he still continued, the man behaved very decent, and very pretty; and I certainly did take him, I searched him and found a pistol in his pocket, which I tore out of the bottom of his pocket.

Was it loaded at the time? - No, it was not in a condition to fire at anything.

Jury to Mrs. Holmes. Do you recollect whether that was the sort of pistol that was presented to you? - Yes, my Lord, as near as one pistol can be to another, when I came home, I said it was like an old great horse pistol.

Dale. He said at the time he overtook her, he would not hurt the hair of her head, he is an easy quiet poor creature.

Holmes. I can say nothing more than to coroborate the evidence Mr. Dale has given, except I asked him how he came by the pistol, he said he did not know he had it, I said that was impossible, then he said he carried it to protect himself, I afterwards remonstrated with him, and he said, being a gardener he carried it to frighten the birds.

PRISONER's DEFENCE.

I was not the person.

PATRICK DRUMMOND sworn.

The prisoner has worked for me some years as a gardener, I had known him upwards of four years, he always behaved himself honestly and well.

- ANDERSON sworn.

I have known him almost twenty years; I never knew anything against his character, but he always behaved himself as an honest, quiet, sober, peaceable man.

- ARNOLD sworn.

I have known him about eight years, an honest, sober man, he lodged with my father between two and three years, and I never knew him to lay out of the house but one night, and that was the night he was taken, he is a gardener by business, and works for Mr. Drummond.

DENNIS BROWN sworn.

I have known him neat twenty years, a very honest, sober man, I never knew any other of him.

- DOWNES sworn.

I have known him almost four years, he worked for a gentleman, employed by this Mr. Drummond upwards of four years, he was honest and sober, I never knew anything to the contrary.

MOSES JOLLIE sworn.

I have known him between four and five years, he worked for Mr. Phillips going on six years, never neglected a day's work, I never knew any dishonesty by him.

Court to Drummond. Is the prisoner a married man or single? - He has been twice married, he is single at present.

Has he any children? - He has a daughter and son.

Jury to Drummond. Is it usual for men employed in a garden to carry pistols in their pockets for the purpose of shooting at birds? - It is not usual, but sometimes it is done to frighten birds from the feed-bags and the fruit.

Did you know him to carry a pistol at any time? - The pistol had been laying about in the garden for sometime.

Jollie. This pistol lay in the garden for a month before, hid in a parcel of tyles, it was found about a week after he was taken by a bricklayer; when he came to work one morning he looked for his pistol as usual, and had lost it, he enquired of the men, and they enquired of the master, and the master brought it to me, and shewed it to me.

Did you ever know him to carry this pistol about? - I never saw it before then,

I asked him the use of it, and he said, he had it to frighten the birds, I asked him which way, he said, he struck it down at them, and by striking it down it frightened the birds off the trees.

Court. You heard him mention that he had lost his pistol? - Yes.

Mr. PHILLIPS sworn.

This man has worked in my garden for five years, in the country; I had a very high opinion of him, he behaved extremely well, he went in when he pleased, I had not the least doubt in the world about him, I had no idea of anything of this sort, I never was so astonished in my life; the man was the most regular in his work I ever saw, and he worked there till the evening he was apprehended.

Do you know anything about his carry-a pistol? - I have heard some of my servants say, he had a pistol in the garden, which he told them was to frighten away the sparrows; that is all that I know of it, I never saw it.

Court to Dale. What was the defect in the pistol, that it could not be fired? - The flints were n ot fixed for firing.

GUILTY , Death .

He was humbly recommended to mercy by the Prosecutor and his wife.

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-3

727. JAMES DUNCAN , JAMES MUNDAY , THOMAS ARNETT , and EDWARD GRIFFITHS , were indicted for burglariously and feloniously breaking and entering the dwelling-house of Benjamin Rooke , about the hour of two in the night, on the 15th of July last, and burglariously stealing therein one pair of silver shoe-buckles, value 10 s. one pair of silk stockings, value 5 s. one pair of thread stockings, value 3 s. one muslin neckcloth, value 2 s. and three silver tea-spoons, value 4 s. his property .

BENJAMIN ROOKE sworn.

I live at Hertford, and I have chambers in Staples-inn ; I received information of my chambers being broke open about the 15th of July, and I came to town immediately to enquire about it, and I found I had lost a pair of silver buckles, and three silver tea-spoons, a muslin neckcloth, a pair of silk stockings, and a pair of thread stockings.

Court. How lately before had you been in the chambers? - About a fortnight.

Did you leave anybody in the chambers? - No, the last time I was in the chambers, I locked them up, and left the key at the lodge with the porter's wife, who is my laundress; I have no reason for charging the prisoner with this robbery, only when I appeared before Sir Sampson Wright, the buckles were then produced, said to be found on Duncan, and the other things in a place where he was taken.

WILLIAM DUNCAN sworn.

I am the porter of Staples-inn, I only know that the watchman told me my boy was in the cellar, at No. 11, in the next court; there are two courts in Staples-inn; I took my son out of that cellar, and kept him in the lodge till I got one of the patrols to take care of him; I took him on suspicion of his being out of his lodgings, because I paid his lodging duly and truly every week, and I knew he had no business out of his lodgings.

When was this? - On the 15th of July, on Friday morning about four o'clock.

HOWEL JONES sworn.

I came at two o'clock to water the road on the 15th of July, and I saw a drover turning some sheep into Brook-street, and he said what are those people doing there on the leads, and I looked across the way to Staples-inn; and at a side window I saw a couple of men on the leads, I turned towards them, and they jumped off, and two stood below, I kept my sight as well as I could on one of them, that did not run, the other three run.

into Holborn? - Into Holborn, the leads are over some shops, the one that I kept in my eye was the prisoner Munday; Griffiths I believe was the other, but I will not be positive of any other but Munday, as I was flurried; I took Munday in Brook-street, I found nothing on him.

Prisoner Munday. My Lord, I was drinking at the pump when he took me.

Did you observe the windows opposite to those leads when you observed the men, were they open or shut? - The glass of the casement was broke, and the casement was open, I charged them with a constable, and I told the porter that I saw another in the window half in and half out, but I could not tell who it was; Munday was let go out of the watch-house, there being nothing found on him.

Mr. Knowles Counsel for the Prisoner Munday. You do not come to water the streets, I suppose, till day-light? - It was not very light.

You could have seen the face of any of your companions that were passing by that way? - Yes, and it was as much as I could do.

Where was Munday when you came up to him? - He was stopping at the pump to drink.

Did you hear him say, or do you know that that was the way to his mother's house? - Yes, he said so.

And you have found it out to be so since? - Yes.

Did you call to him to stop? - Yes.

He returned to you voluntarily? - Yes.

How came he to be discharged? - The constable asked me if they charged him, and I said no; I only was in the room at the chambers at that time.

Was not this man examined several times before the justice? - Only once when I was there.

Do not you know he has been examined twice before you appeared? - Yes.

Before you went to the justice you knew he was taken up? - I was told so.

Then did not you think it your duty to appear when you first heard he was taken up? - I am a stranger to these things, I went when I was asked to come.

Who asked you to come? - Jackson, the runner.

Is Jackson here? - I believe he is.

Now, I suppose, he did not tell you it would be worth your while to come? - He told me I must come.

Did not he give you some hint that you might get a little money for coming? - No, Sir.

What was to fall to your share? - He never promised me any thing, nor never spoke to me about the money.

Who was that man that did promise you any part of the reward? - I have had no talk with any of them for the reward.

You knew though I suppose that you was to have at least a share of forty pounds? - There were some people of my kind that told me here and there, that I should have it.

Yes, I thought so, now if you could have strained yourself a little further, you would have a share of four times forty pounds? - I would not wish it.

No, I suppose not! that is well done; your employment is a waterman? - I have done it several seasons.

How much may you get a-day by it? - Fourteen shillings a-week, sometimes more and sometimes less.

Jury. I think you said that Munday was one of the two that jumped off the leads? - Sir, I did say that he was one of them, as I believe.

Are you satisfied that is the man that you saw jump? - I believe so, Sir, as far as I know.

Court. Did you keep him in sight from the time he jumped off till he was taken? - I think I did.

JOSEPH JACKSON sworn.

I am a shoemaker, on the 15th of July in the morning, Mr. Duncan, the father, sent for me from home, and told me, that his son was in custody, and that Mr. Rooke's chambers had been broke open; and he thought his son, with four or five,

or six more had done it; accordingly I took the prisoner Duncan from his father's apartments to Bow-street, and one John Sherwood asked me, whether I had searched him, and I said no, for his father said he believed he had no property about him, then Sherrard searched him, and found a pair of silver buckles belonging to Mr. Rooke in the prisoner Duncan's sob pocket, and took them out in the office.

JOHN SHERRARD sworn.

When the prisoner Duncan was brought to the office, I searched him, and in his breeches fob pocket I found these silver buckles.

Court to Mr. Rooke. Are these your buckles? - I believe they are.

Can you swear to them? - There are other buckles, I suppose, of the same pattern, but I can swear that the buckles I lost were exactly of this pattern and size.

Court to Duncan. Did these leads communicate with Mr. Rooke's chambers? - Yes, they did, I had no other reason for suspecting my son, but his being out of his lodgings at an improper time of night.

Jackson. After the buckles were taken out of Duncan's pocket, he was brought to the bar, and Sir Sampson asked him, whether he had any other person that was with him or not.

Court. You must not tell any thing that Duncan said that tends to charge any body but himself; was any thing said by him importing a denial of his being concerned, or a confession that he had been concerned? - He owned that he had been concerned with four or five more, and mentioned their names.

What was he charged with before the Justice? - With breaking and entering Mr. Rooke's chambers, and stealing the property we have here, and he told his father in the Brown-bear, he had hid some property belonging to Mr. Rooke, and I went and found it; I went to No. 11, Mr. Townsend's chambers, and in the cellar I found three silver spoons, a pair of silk stockings, a pair of thread stockings, and a neckcloth.

Prosecutor. These spoons I believe to be mine, they are marked B. R. M. N. the neckcloth is mine, I know it by the mark; the stockings have no mark, but I believe them to be mine, having lost a pair of silk and a pair of thread, and the silk of the same pattern.

Mr. Knowles. At what examination was it, that this waterman attended? - It was the second examination.

WILLIAM SEASONS sworn.

I received a private information, and I apprehended Griffiths, and one Kendrick, I sent up to Sir Sampson's office and received a message to bring them up, when they were brought before Sir Sampson, the waterman positively swore then to Griffiths but not to Kendrick, we found nothing on Griffiths, and he behaved very civil.

THOMAS ISAACS sworn.

I apprehended Griffiths with the last witness.

WILLIAM BLACKETER sworn.

I only apprehended Griffiths with Seasons.

HANNAH GOSS sworn.

They fetched me to Bow-street, and they bound me over to prosecute, we kept a public house eleven weeks in Bell court, Gray's-Inn-lane; I know nothing further, only that a parcel of men came in the night of this robbery, I believe it was, Griffiths and Munday and Duncan were in company with some others.

How late did they stay at your house? - It might be about eleven.

Was Arnett there? - I do not know that I ever saw him, they had three pots of beer, and two papers of tobacco, and behaved very decent.

Prisoner Griffiths. Were we in company? - You were all in company together, there might be eight or nine for what I know.

The Prisoner Munday called five witnesses who gave him a very good character.

HENRY JENNINGS sworn.

The prisoner Duncan lived clerk to my father about six months, he came on or about the 29th of October, and left him about April, 1785.

Court. What is your father? - An attorney, No. 3, Staples-Inn, during that time we could not impeach his character in the least, the only reason that I understood, my father parted with him for was, he neglected coming early one morning, he did not come till ten o'clock, and was to have come at eight, during that time he was with us he received money, and paid money, we never missed a pin's point; my father is at Nottingham, or else he would have come himself.

JAMES DUNCAN , GUILTY , Death .

JAMES MUNDAY , NOT GUILTY .

THOMAS ARNETT , NOT GUILTY.

EDWARD GRIFFITH , NOT GUILTY.

Tried by the first Middlesex Jury before Mr. Justice ASHURST.

Reference Number: t17850914-4

728. JAMES ROE was indicted for feloniously stealing on the 1st day of September , two ewe sheep, value 32 s. nine wether sheep, value 10 l. and nine lambs, value 6 l. the property of George Kibble .

GEORGE KIBBLE sworn.

I live at Shoreham, between Seven Oaks and Dartford, in the county of Kent; I heard from my shepherd on the 1st of September, that I had lost one score of sheep, and on Sunday morning the 4th, between ten and eleven I heard there was a man taken on suspicion of stealing some sheep, which was on the 1st of September.

Court. What sort of sheep were they? - There were nine lambs that were shorn, and among the nine one ram lamb was saved intended for a young ram for a breeder; and there were nine wether sheep and two ewe sheep; they were all south downers; the lambs were marked in the neck with oker, and the wether lambs marked separate across the loins with a thin streak of oker to distinguish them from the ewe lambs, the ewe lambs were not marked across the loins, the wether sheep were marked across the shoulders with a narrow stripe of oker at sheering time; as to the two ewes we were not certain whether they were both marked or not, if they were marked they were marked with a streak of oker down the rump; I never saw any of the sheep since, but I have seen the skins, they were laid all tumbled about together, and a many of them were cut and mangled, but amongst them there were several whole skins which were quite perfect, clear to be my mark; the skins began to smell very much, I found them at the public house, the sign of the Bear, just by Sir Sampson's office.

Court. From the description you have given of the marks that you used, are they such as enable you positively to swear to your own skins: - Yes, they are very clear, and have the oker being marked in three different places, and the different wideness of the oker.

Court. Do the other farmers in your neighbourhood use the same sort of mark? - Not that I know of, I believe there is no farmer in that neighbourhood that keeps south downers but myself; I am trying to recollect if there is one; no, I do not recollect any; the south downer sheep are short legged, close wool, and black faced, their legs and face are black and smutty, and they are fuller of wool than the other sheep, and the wool is a much finer wool.

WILLIAM YATES sworn.

I am shepherd to the prosecutor, on the 1st of September he lost some sheep, near Shoreham, we missed a score of sheep, nine lambs, and nine wether sheep, and two ewes, they were south downers: they were marked down the neck, the wether lambs had a mark down the loins, and the sheep across the shoulders, and the ewes down the neck; I heard of them again on the Sunday

Court. Could you judge from the skins whether they had been lately killed? - Yes, they were.

Prosecutor. By the appearance of the skins it appeared as if they were killed about the time I lost them; I live about twenty miles from London.

THOMAS GENTLEMAN sworn.

I am a butcher in Duck-lane, Westminster, I was sitting at a house, and a neighbour said there is our neighbour has got a score of sheep, says he let us take a walk, and we went round, and I saw my neighbour killing two sheep, one was hung up, and the other lay dead, this was in the evening of the Thursday, about four o'clock.

What was your neighbour's name? - - Thomas Beadle , they were downers sheep; says I, you have have got a rare stock here, what are you killing for shipping? Says he, I have got a score, they belong to no butcher; says I, is there any butcher's mark on them, and I looked at them; why says I these things are certainly stolen; says he, I know nothing at all about it; I goes away and went to Bridewell, and made the complaint, and two people were sent down and he was brought up to Bow-street; I counted them, they were all dead; I saw two with the skins on, and the rest of the score dead, and I saw them told over in the shop; I observed the two skins that they were taking off, they had the same mark that the farmer has spoken of.

JOHN SAYRE sworn.

On the first of September this gentleman came to Tothillfields Bridewell, and gave information that there were a score sheep he suspected were stolen, I took a man with me, and went to Beadle's shop, and Beadle was skinning the last sheep; the prisoner was within-side the shop cleaning the guts.

What was he a servant of Beadle's? - No, I took Beadle in custody at the door, and took the knife in his hand, and asked him who they belonged to; he said they did not belong to him, they belonged to the man in the shop; I took him into custody, the prisoner said he brought them out of Kent for two men, he fixed upon a man at Hungerford market, but we could find no such man; he said he came out of Kent, but I cannot rightly recollect what part.

THOMAS BEADLE sworn.

I am a butcher, I was going along the street about my business, and I met the prisoner enquiring for somebody to kill a score of sheep; I met him on Thursday the 1st of September, about ten in the morning, he had not the sheep with him then, he had put them up in a place near the horse ferry road, I said to him, Sir, I have got a place to kill them in; I was to have 3 d. a sheep, which is common in the trade; he said his master would be there in an hour, or an hour and half, and he would satisfy me; he said his master's name was John Taylor ; I asked him where his master lived, he said in George Court in the Strand; I never saw the prisoner before; he brought the sheep out of the place in the horse ferry road to where I lived, about ten in the morning; I killed twenty, they were south downers, black faced and black legged.

Is it an usual thing in your trade to do these sort of things? - Yes, Sir, I get my living by it.

Then you do not sell sheep to anybody? - No, Sir, I get my bread merely by killing.

Were they fat sheep? - Many of them were middling sheep.

Were they fit for market? - Yes.

Prisoner. My witnesses are not come, I have sent for them.

Jury. Did you observe when you killed the sheep whether they were cool or heated, as just come off a journey? - They seemed to be very cool and settled.

Were they in that state they usually are when brought to you for that purpose? - Yes; I enquired about Mr. Taylor, and there was such a man six months ago, but he was gone to Birmingham.

They were to be sent to Mr. Hill and King in Newgate Market, a man that keeps carts in the neighbourhood was to send them, that was the orders he said he had; Mr. Hill sold the sheep last Saturday.

PRISONER's DEFENCE.

My Lord, I was ordered to drive these sheep down to Westminster, by Mr. William Taylor , the brother of that Taylor; I went to Foots Cray to work at hops, and I stay at a butcher's, and between five and six the next morning, just by counsellor Chetwood's, ten miles this side Foot's Cray, he asked me to drive them to the half-way house, and wait for him; I went on and stopped, he rode up to me, and said, I have overtaken you my lad; yes, says I; says I, is not your name Taylor, your brother was in town last year, and had some bullocks killed; says he take these sheep down to Westminster, where my brother had his bullocks killed, and then send them to Mr. King; I went and found Mr. Beadle, says he, I should be glad of a job, I told him they were three-pence a sheep, he said I dare I can sell most of them in my own shop; he said he would take the hides and plucks, and be answerable for the price, they are sixpence a piece, and in taking the last skin that gentleman took him and me, and I know no more about it.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-5

729. GEORGE NUGENT and WILLIAM BURKE were indicted for feloniously assaulting Joseph Walker on the king's highway, on the first day of August last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one silver watch, value 30 s. his property .

(The witnesses examined apart at the request of the prisoners.)

JOSEPH WALKER sworn.

I had been at my benefit club, I was stopped by three men on the first of August, two of which are the prisoners, they followed me and collared me, they said nothing to me; I laid fast hold of my chain, and one of the three forced his hand into my fob, and pulled out my watch.

Was there a moon? - Yes, but it was not clear moonlight, it was cloudy.

Did you know the men before? - Never.

How soon were they taken after the robbery? - Between one minute and two, as near as I can guess, I kept them in sight till they were taken; one of them was taken by William Glover , and another by James Wayland : when they pulled the watch out, I held fast by the chain, it did not go, then they gave another pull and a twist, and broke the watch from the chain with a link or two of the chain with it; here is the remainder of the chain (produces it.) As soon as ever they quitted their hold, I gave the alarm, and pursued one of them across King-street, and as we were going down Holborn, the other man turned down King-street, and at the top of King-street they were stopped, one turned one way, and one the other.

Was you perfectly sober at the time? - I had been drinking, but I was very sober to know what I was doing, and perfectly sure of the people.

Was the watch found upon either of them when they were stopped? - No.

Had they any arms, or any thing found on them at the time? - No: they did not present any thing to me, only collared me.

Prisoner Burke. What street was I taken in? - The corner of King-street.

In what street was you robbed? - In Holborn.

How far was it from the place where you was robbed? - I cannot say, it is not above one hundred yards.

Did not you charge another man with robbing you, in the watch-house? - I did not.

I refer it to the watch book of the night, he said at first it was the man that robbed him who is now a witness against us? - I said no such thing.

WILLIAM GLOVER sworn.

I was at the Coach and Horses, the corner of Hart-street and King-street, I came out hearing a noise of the watchman's rattles, it was between twelve and one, near half after twelve, or thereabouts, I heard a noise and cry of stop thief, I saw the two prisoners runing up King-street, by the side of the Buffalo tavern, they crossed over towards Orange-street, which leads to Red Lion square, hearing the cry of stop thief, I made after them, and took William Burke , and pulled off a piece of his coat, the corner of King's-gate-street; here is a piece of his coat; I made after him again, and directly he threw his hand back, I heard something fall, I thought it was a pistol, I collared him, and the prosecutor said these are the men that robbed me of my watch, here is the chain in my hand, which they left behind; what he threw down was not found; I cannot say what it was.

Prisoner Nugent. Did you see me with this man? - You was close behind him.

How long was it between the time he was taken and I was taken? - It could not be long.

JAMES BANKS sworn.

On the 1st of August, as I was going up Holborn, about a quarter after twelve, I saw a few people standing together, and as I approached nearer, the prosecutor said, I have lost my watch, I have the chain in my hand; the men at that time were gone from him; he cried stop thief; I ran with the prosecutor very fast after the prisoners, and we overtook them; the two prisoners are clearly the same men that were running, because they were never out of my sight, they ran exceedingly fast, they were about half way up the street before the rattles went, I was close after them, and just as they turned the corner of Kings-gate-street I was immediately up with the shortest, that was Nugent, and he was stopped by a lusty man, I have seen him since at Justice Walkers, and here in the yard, I know nothing of the robbery, only I know these are the two men that ran from the plaintiff.

Prisoner Nugent. Was not you charged with this watch? - I was.

Did Walker say at the watch-house that I was not one of the men? - I did not hear him say any such thing.

JAMES WAYLAND sworn.

As I was coming home one night from my duty, I heard a hue and cry, I kept no account of the day of the month, it was between twelve and one that the rattles were going, I run up to see what was the matter, and I saw this Nugent run across the street just before me, he was crying stop thief, stop thief, I saw nobody before him, I ran and stopped him; says I, I believe you are the thief; and he said he was none of them, so I brought him up where the mob was, and the man that lost the watch said immediately, that was one of them.

HUGH O'DONNELL sworn.

The watchmen sprung their rattles, I am watchman, and I came to their assistance, and I saw a parcel of people running, and I ran to the first man that I saw running, which was Mr. Banks, one of the evidences, and I took him, and brought him up to the prosecutor in the street, and asked him if that was one of the men, says I, Sir, you will excuse me, I must detain you, I did, and the prosecutor had a doubt upon him whether he was the man that ran away or not, and he said no, with that I let him go, and laid hold of one of these men that were in custody of the watchmen, when we came to the watch-house, Mr. Banks said he apprehended one of the men, I spoke to him, and replied, he must be very wrong to say so, when he was in my custody at the time they were apprehended, so that gave us a strong suspicion that he might be a party concerned himself, and the prosecutor gave charge of him on suspicion of his being one of the party, and said, he would not

prosecute him if he had a good character, but his character was dived into, for the prosecutor said, that if his character proved amiable, he would not prosecute him; therefore one of the beadles, and somebody else went, and it proved that he was employed by some attorney as his clerk, and therefore he was discharged, and he came the next day to the office and appeared against them.

Prisoner Nugent. Did not you hear Mr. Walker say I was not one of the men? - While they cross examined the prosecutor in the watch house, he was rather disguised in liquor, I did not hear what answer the prosecutor gave, but the prisoners said they did not know one another; the prisoner Nugent said there you hear he says I was not one.

Who spoke to him? - Why that young man.

JAMES MAYES sworn.

I know nothing of the robbery, but I being patrol, I was called in to know if I knew any thing of these men, or ever saw them in my rounds of a night, because they pretended not to know one another; and I told the justice I had seen them together a number of times, and another in company with them.

JOHN GALWIN sworn.

I watch in King-street, I was crying half after twelve, and the prosecutor hallooed out to me, and told me to stop them two men, that had robbed him of his watch this minute; he said they crossed the street from me, I ran after them and founded my rattle, they were stopped before we came up.

Are you positive sure these are the two men you first pursued? - I cannot be sure.

WILLIAM HOUNSWORTH sworn.

On Monday night between twelve and one, the prosecutor met us just at King-street, and in Holborn he called out watch, watch, I have been robbed by three men, and the two prisoners at the bar run up the street; there were four run, the two prisoners, the prosecutor, and Banks: I am very clear to one of the prisoners, and the other I am clear in his dress, but I did not altogether take notice of his person.

Which is that? - The prisoner Burke, they run very hard up King-street, and I followed them, and I turned my rattle; the prisoner Burke never was out of my sight, he was taken in King-street by Glover, and Glover said that the prisoners had thrown some thing away, I looked with my lanthorn, but found nothing; the prosecutor came up immediately, and said that was one of the men that robbed him; immediately the other prisoner was brought up, and the prosecutor said he was the other man; we searched Burke, and found nothing but a tobacco box, and knife, I did not search the other, but I did not hear any thing was found upon him.

PRISONER NUGENT's DEFENCE.

I am a seaman, I had been to Wapping for my wages and prize money; I met with a woman in King-street, I was speaking to her, a man run by me, and the woman desired me to go about my business, or I should be taken up, I run, and at the watch-house the prosecutor said I was not one of the men.

PRISONER BURKE's DEFENCE.

I was going home to bed, and when I heard the rattles I run left I should be taken up disorderly in the streets.

Jury. Was Walker sober at the time or not? - He seemed to be disguised, and had a doubt, the constable asked him whether he was sober, he said he had been at his club, but he was sober enough to know he had been robbed, and who robbed him; he was a little disguised.

GEORGE NUGENT , WILLIAM BURKE ,

GUILTY Death .

Tried by the first Middlesex Jury before Mr. Justice ASHURST.

Reference Number: t17850914-6

730. JOHN MOODY was indicted for feloniously assaulting John Grandedier , in a certain field and open place near the King's highway, and putting him in corporal

fear and danger of his life, and feloniously taking from his person and against his will, one watch with the inside case made of metal, and the outside case made of tortoiseshell, value 50 s. two seals made of base metal, value 2 s. one half guinea, value 10 s. 6 d. and two shillings his property .

JOHN GRANDEDIER sworn.

I was robbed in the rope walks, about half after ten, on the 2d of July , I was going out into Newman-street , from Queen Ann-street East , and the prisoner came up to me with a knife, he presented the knife to me, and asked me what money I had to deliver, there were two others with him; I put my hand in my pocket to give him what I had, and one of the other men called me a bloody thief, and told me to deliver all I had, and at the same time that man put his hand into my pocket, and took out twelve shillings and sixpence, and my watch, then they all ran away, and I went home.

Did you make no alarm at the time? - No, I did not.

Why did not you give an alarm to the nearest watchman? - I did not think of it.

Who did you tell you was robbed? - I told Mrs. Brown when I went home, I gave information on Monday at the office in Litchfield-street; I gave a description to Mrs. Brown, and she gave it to the office; I knew him before by sight, I knew him at a public house that he frequents, the corner of the rope walk.

Did you know his name? - No.

Did you know where he lived? - No, it was about half past ten at night, it was a clear night, not moon light.

Did you know him at the time? - Yes, perfectly before he came up to me, I am quite sure he is the man.

MARY BROWN sworn.

I live in Queen Ann-street, I only know that the prosecutor went out of an errand for his master, and in about ten minutes he returned, and said he was robbed.

What is the prosecutor? - He is my husband's apprentice, my little boy was with him, but he run away, the prosecutor said he knew the person that robbed him, it was a man with lank black hair, and a pale face, or at least I so understood it, for I was very much frightened for the child, he told me he had been robbed, exactly as he has described it to your Lordship.

What age is your little boy? - Ten years of age.

Do you think your little boy knows the nature of an oath? - I do not think he does, I never heard him say any thing more than that he was frightened and ran away; he gave no particular description of the circumstances or the person.

ELLIS ROBERTS sworn.

On the Monday after the gentleman was robbed, he came and gave information, he said he knew the man very well; I went with him, and I went to the publick house; the prosecutor said he was a pale faced young man, dressed in a black coat and waistcoat, corderoy breeches, and mourning buckles, the prosecutor said immediately that is the man, he was dressed exactly as he described, he said he saw him the Sunday after he was robbed, but he had nobody with him; he had nothing in his pockets but a common penknife.

Did he say any thing about what coloured hair he had? - I do not remember, I think he said darkish hair.

Court to Prosecutor. Is that the knife? - It was a larger than that to my knowledge.

How came you to describe the person who robbed you, if you knew him so well, to have lank black hair? - It appeared so to me then.

But if you knew him by sight before that, you knew what colour his hair was before? - He has had his hair cut since, it was in curls then, it appeared to me to be black, I never saw him close, I am quite positive this is the man.

When did the little boy go away? - I do not know.

JOSEPH WAKELEY sworn.

About ten o'clock on Monday morning, I went down with the last witness, and

went into the skittle ground, and saw a man that answered the description of the prosecutor; he came with me, and said the man in black was the man that robbed him; I went and took him, and Roberts took him in charge.

Prisoner. I am innocent with what I am charged with, I have people to prove whete I was at the time the robbery was done, I have two witnesses.

Court. Let the other witness step to the door while this witness is examining.

HENRY KINNERSLEY sworn.

I live in Grays Inn, I have chambers there, I am not of the law, I am a coal merchant, I know the prisoner, he was servant to Mrs. Hales, No. 82, Queen Ann-street, when first I knew her; I was at Mrs. Hales's drinking tea, and spending the evening on which the robbery was, which I believe was the 2d of July.

How came you to recollect it? - When I went again the Wednesday following, the servant told me, good God! poor Jack is taken up for a robbery; and when I went into the parlour Mrs. Hale told me the same; I had spent the evening the Saturday before, and on that night I believe about ten, I went into the garden or yard; Mrs. Hales stables and coach-house stand in the garden, but no communication to it; I saw a light through that window that looks into the garden, I was a good deal alarmed thinking it might be fire or thieves, and I knew that young Mr. Hale and the foot boy were below somewhere; I called Mrs. Hale out, says I, have you any body in the stable, no, says she; I immediately went round, and took the present foot boy with me, the watch was then going his rounds; I stopped and made the boy get a ligh from a woman in the Mews, and I still saw the light in Mrs. Hale's premises, all at once it was put out; the watchman was then going ten: I took the key and opened the door, and who should present himself in black, but the prisoner at the bar, says I, good God! Jack, what do you do here, he rather seemed to hesitate, I insisted on knowing what he did there, he said he was looking for a dog, I told him it was a very improper hour to look for a dog with a light, I believe by this time the watch was going half after ten; the prisoner then came out, and went to a cottage over the way in the Mews, but whether he went in there I do not know; I came back to let Mrs. Hale know, and she then told me that her son had just told her, he had given him leave to sleep in the stable, in the coachman's room, to save a lodging while he was out of place, but that it was unknown to her before.

How old is Mrs. Hales son? - Between fifteen and sixteen, I believe; upon that she was very uneasy, but I took the watchman and went and examined very carefully, and found all very safe; I saw no more of the prisoner after he went out to go to the Mews, but that very evening I called there, I said I will cross the rope walk, in going over two men attacked me, and made a push at me, and bid me stop, and one of them was so like the prisoner, that had the prisoner been at liberty, I could positively have sworn to him.

What was that young man dressed in? - I do not know, it was a very dark night, he was in a dark dress, the man who stopped me appeared to have prodigious black hair, I observed he was a very black man, but I cannot swear to his hair.

Was this young man's hair when you first knew him lank or curled? - I cannot say, I did not take any notice, he used sometimes to wear his hair curled when he was with Mrs. Hale, but it was oftener lank then curled.

Jury. How far may it be from this stable, to the place where this gentleman said he was robbed? - I imagine it is near four hundred yards, you are obliged to come up Queen Ann-street, and down Ogle Court, and down the rope walk.

Mrs. Brown. Mrs. Hales lives three doors below me.

What clothes was the man dressed in when he stopped you on the Wednesday? - I believe he was in black, I sprung from him, and gave him his own salutation back

The prisoner lived with me and my son four years, and behaved exceedingly well, and had my son been living, he would have appeared in his defence, but he is dead; he looked after the horses, he laid in the house on the Saturday night before he was taken up; he laid in our stables that particular evening, my youngest son saw him about eight o'clock.

Do you remember when he was taken up? - I heard of it about three or four days after he was taken up; the robbery was on the Saturday, and he was not taken up till the Tuesday.

When did you hear he was taken up? - Upon my word, I cannot say, it was two or three days after, I fancy it might be about Wednesday or Thursday, a gentleman came and told me of it, a coach-maker that does our business came and asked me about it, I did not know that he laid in the coach-house.

Was it with your knowledge that he lay in your stable? - No, Sir.

When did you first know it? - That very night, that was on the Saturday, a gentleman that supped at our house went in the garden, and said, there is a light in your coach house, and he came back, and said, there is Jack there; and then my son said, mother, he lays there. I have frequently entrusted the prisoner with money and drafts. That gentleman was Mr. Kinnersley; it was about half an hour past ten that this happened.

Court to Mrs. Brown. Do you recollect about what time it was that your apprentice was out? - He was not out above ten minutes, I believe it was not above ten minutes under or over half past ten, I cannot be more particular.

Jury to Prosecutor. Was there more than one in black, at the time of the robbery? - No there was not, they had short jackets on, I think one was a butcher.

Have you any means of fixing what o'clock it was when this happened to you? - It was about half after ten, I cannot fix it more near.

How long has the prosecutor lived with you? - Two years.

Do you recollect the person of the prisoner, seeing him at any time as a neighbour? - I cannot say I do.

Court to Prosecutor. Did you know where Mrs. Hales lived? - No, Sir, not then.

Where did you see the prisoner? - At the public house, it was after he had left his place.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-7

731. WILLIAM MASON was indicted for feloniously stealing, on the 29th day of August , one iron saw, called a turning saw, value 6 d. and one other saw, value 2 s. the property of Henry Clark .

- HALL sworn.

About the 29th of August last, I saw the prisoner take up two saws, and put them under his coat, which I thought belonged to some of the workmen, I called to them, and asked the prisoner how he came by them saws, he said he found them outside of the building.

(The saws produced and deposed to.)

SAMUEL CLARKSON sworn.

I know this saw to be mine by being broke and filed round at the point.

HENRY CLARK sworn.

Do you know that saw? - Yes, my name is upon it.

PRISONER's DEFENCE.

I found the saws outside the building, two gentlemen see me pick them up.

732. JOHN HARRIS was indicted for feloniously stealing, on the 12th day of September , one linen handkerchief, value 12 d. the property of William Dalton .

WILLIAM DALTON sworn.

On that day, I was going up Ludgate-hill , I stood looking at the print-shop, presently I felt somebody at my pocket, I turned round and took the prisoner directly with my handkerchief upon him, and charged the constable with him.

- WARREN sworn.

I am a constable, I only produce the handkerchief.

(The handkerchief deposed to.)

Court to Prosecutor. Are you sure that is your handkerchief? - I am.

GUILTY .

To be twice whipped , and imprisoned one month in Newgate .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850914-9

733. JOHN HAYES was indicted for feloniously stealing, on the 15th day of July last, sixteen yards of printed callico, value 3 l. the property of Mathew Atkinson privily in his shop .

MATTHEW ATKINSON sworn.

I live in Newgate-street ; on Friday the 15th of July, the prisoner came into my shop between seven and eight in the evening, and enquired for a black silk handkerchief, the shop was rather crouded with customers, and I told my servant to shew him some, but not to shew them with other goods, the prisoner left sixpence earnest on one of the handkerchiefs, and he got to the door and out of the shop; he was followed and brought back, and the piece of printed callico which is produced, I saw drop down from him; he had nothing to say in his defence, he was very much frightened, the callico is mine, it is here, I delivered the property to the constable, John Proctor .

JOHN PROCTOR sworn.

I produce this piece of callico, which has been in my possession ever since.

(Deposed to, having the shop mark.)

Court. What may be the value of it? - Three pounds.

Do you mean that is the selling price? - The cost price, worth it at any time, at any public sale.

JOHN PANTING sworn.

I am shopman to the prosecutor, the prisoner at the bar came into Mr. Atkinson's shop, July the 15th, in the dusk of the evening, he desired to look at some black silk handkerchiefs, he went to the other end of the shop, and he agreed for a handkerchief, he left me sixpence, and was to call again, he walked down the shop, I walked behind him, and something under his coat appeared rather bulkey, I went to Mr. Atkinson, and mentioned it to him I went after the prisoner, I pursued him about fifteen yards, and brought him back, and desired him to enter the shop, and as soon as he came back, the piece of print dropped from under his coat in the shop, as soon as he entered.

Where had it laid before he took it? - I cannot say, we were very busy that day.

Did you see him take it at all? - No, not at all, I had no suspicion of him till I saw it bulkey under his coat.

PRISONER's DEFENCE.

I went to buy a black handkerchief, I said, I would call in about ten minutes, I was going out, and the gentleman came and patted me over the shoulder, then he asked me for the money for the handkerchief, I saw a friend that gave me three shillings, and I paid him for the handkerchief; I did not think my trial would have come on, I have nobody to my character.

734. GEORGE REYNOLDS (aged fourteen) was indicted for feloniously stealing, on the 29th day of July , twelve men's black hats, value 6 l. the property of James Hardy and Thomas Bland privily in their shop .

The witnesses examined apart at the desire of the prisoner.

JAMES HARDY sworn.

My partner is Thomas Bland .

Court. What kind of goods do you deal in? - Hats, on Friday the 29th of July, while my partner and I were settling our accounts, the time I believe to be about half past nine in the evening, when I happened to leave the shop, and went into the comptinghouse, and in about three minutes I heard a most monstrous noise in the shop I went first to see the occasion of it, and found the prisoner at the bar, with two or three other people, who said, they had seen him go out of the shop with such and such property, and they believed it to be mine, being goods that had been packed up for an order, I knew them immediately, they were my property, they were a dozen of hats of the value of six pounds; the prisoner was then secured, and in the shop; I do not know who found the goods upon him, I know nothing more.

GABRIEL JOHNSON sworn.

On the 29th of last July, about half after nine, or rather better, I was going up Cornhill, and I saw the prisoner stand at Mr. Hardy's door, I thought he was a lad belonging to the shop, till I saw two others about a yard distance come up, and speak to the prisoner, then that gave me a suspicion it was thieves, and I went across the way, and stood behind a hackney coach, and in about a minute or two I saw the prisoner stop himself, and go in at the door.

Court. What occasion had he to stop to go in at the door? - I do not know that, my lord; the other men paraded backwards and forwards the mean while; he was in the shop, as near as I can guess, about two minutes, and I saw him come out with two parcels under each arm, two bundles of hats, then he crossed over the way, and the other men followed him, the other two were men grown, they were a great deal taller than him, as soon as he had crossed over, I went and laid hold of him directly with the property upon him; as soon as I laid hold of him, he cried out Shimerah! Shimerah! as loud as he could, which I understood to be his companions, he struggled to get from me, and my foot slipped, and I cried out stop thief, for fear the others should come up to take the goods away, and a waterman belonging to the coaches came up, and laid hold of him, and picked up the things, and gave them to me; we took him into Mr. Hardy's house, and he was committed, the other two made off.

You are sure the things that were given to you were the same he had under his arm? - Yes, they were never out of my sight.

CHARLES SILK sworn.

I produce some hats, I had them at the upper end of Cornhill; I am beadle of the ward and constable likewise; I was sent for about half past nine, I had the hats in my custody, and I gave them to Mr. Hardy, and he gave me a charge to take the prisoner to the Poultry Compter; the hats were delivered to me by Mr. Hardy, at the shop door, they were sealed up at Mr. Hardy's, and taken into Mr. Hardy's, and put into a particular room.

Court to Johnson. Are these hats the same hats you took with the prisoner? - Yes.

BENJAMIN SMITH sworn.

I am waterman at Cornhill, about a quarter before ten this gentleman called out stop thief, by which means the young lad came along with four bundles of hats, I caught hold of him, he dropped them, I picked them up, and delivered them to Johnson; when I stopped him, says he, I am no thief, and he called out Chavoir, Chavoir.

Court to Hardy. Look at these hats, are these the hats that were brought back by Johnson, when the prisoner was brought?

When you went into the compting-house who did you leave in the shop? - Nobody, I had discharged the servants, and Mr. Bland and myself were settling our cash account, and was carrying it forwards.

PRISONER's DEFENCE.

I was walking along that night, there was a parcel of men crossing the way to the coach stand, they chucked a parcel of hats down under my legs, and I stooped and picked them up and looked at them, and that man came and catched hold of me, my friends are gone, and my mother did not think I should be tried to day; my mother lives in Whitechapel, and is a chair woman, I live with my uncle at Wapping.

Jury to Johnson. What are you? - A smith, I work in Bagnio-court, Newgate-street, with Mr. Hill, the boy's mother said she would discover who the two persons were that were with the boy.

You happened to be going by that way? - Yes, I was.

Was that your way home? - No, Sir.

Out at work somewhere that way? - No, Sir, I sometimes take a walk in the evening after I have done my work.

GUILTY , Death .

He was humbly recommended to mercy by the Jury.

Court to Jury. Gentlemen, there is one thing that is necessary for me to state to you, that this is not the first, second, third, or fourth time that this boy has been here.

Tried by the first London Jury before Mr. Justice ASHURST.

Reference Number: t17850914-11

735. WILLIAM HOPPER was indicted for burglariously and feloniously breaking and entering the dwelling house of John Hutchinson , Esq ; about the hour of one in the night, on the 10th of September , and burglariously stealing therein one iron padlock, value 2 d. his property .

JOHN HUTCHINSON Esq ; sworn.

I have a house in Duke-street , on Saturday night last my house was broke open; about one in the morning my servant alarmed me, by telling me the watchman had taken a thief, and desired me to come down immediately; I came down, and the watchman had custody of the prisoner, who said he had taken the padlock from the outer door, and had wrenched the shutter into another place; as to my own knowledge, I can only say that this padlock was gone; the door was locked, and the shutter was fast, and the outer door, the night before at eleven o'clock; it is a place that nobody could go into but myself; he broke through one place, which is through a back yard, called Mason's yard, and that communicates to the place where my property is; there was a door that is broke and the window shutter between that part and the other, and he was in all but his feet, when the watchman took him; the door was broke, the padlock was taken off it, and the padlock was found in his possession, he took off the padlock, and was got in the first room, and was getting into the second room when he was taken; he got into the second room by wrenching the shutter, and breaking it from the hinges.

WILLIAM FULLWELL sworn.

I know the prisoner, and I know the prosecutor's house; I remember the prisoner working for my master at daily work, plaistering, and a little painting, or any thing he required; that morning I was alarmed with the cry of thieves, by the watchmen, and went down, and took charge of the prisoner, and the watchman gave me a padlock that he had taken from the prisoner.

- HARWOOD sworn.

This padlock I found upon the prisoner, on Sunday morning about one, as I was crying the hour in Mason's-yard, I catched him, and searched him, but no key was

to be found; the prisoner was creeping in upon his belly, all but his ancles; I was crying the hour down Duke-street, and through Mason's-yard, I saw the prisoner in Mr. Hutchinson's house.

Was he trying to get in at any other door? - That I cannot say, but the hinges were broke, where he was trying to get in, it was a room that contained property, I seized him by the feet, and dragged him out, and then I collared him, and went and alarmed the prosecutor.

Was that padlock on the outside of the door? - Yes, I saw it hang upon the staple at twelve.

Did you know it was locked at that time? - Yes.

Did you try it? - I did, and it was fast then, and at one, when I was calling my round, I found the door open, and the man upon his belly.

Court to Prosecutor. Have you the key of the padlock? - Yes, I have it, but it is at home.

Can you swear to the padlock? - Yes, I am sure it is the padlock that was on my outer door, and I believe my man knows it to be so.

Have you any means of saying that that padlock was fast on the night of the robbery? - I am sure it was in the day, about four to the best of my knowledge.

Fullwell. I remember it being fast in the day, but I cannot say how it was at night.

Had you unfastened it? - No.

Court to Hutchinson. Had you ever unfastened it at any time after, the day you locked the door? - I had not.

Did you fasten it with the key? - I locked it with the key, I left it at home.

About four you say? - I cannot say.

Fullwell. It was about three or four.

Court to Harwood. You was saying that the prisoner was all but his ancles in the outer room? - Yes.

By what means could he get into the other room, all but his ancles? - There was a kind of a bit of shutter, and he dragged that in; I cannot explain what the fastening was, it was a kind of a shed, where he was endeavouring to get into the parlour.

Prosecutor. This was a shutter that I fastened at the bottom with two burt hinges on the outside, the top was fastened with a pulley to the rope on the inside, so that nobody can get in at it; and he had forced the bottom of the shutter from the hinge that remained, and part of the shutter, had got that down, and was getting into the back house where my property principally is.

Court. Gentlemen of the Jury, if you are not satisfied of this offence being fully compleat, as it is a capital offence, to be sure it is your province to judge of the case, and as the account that has been given is a very puzzling and perplexing one, you may acquit the prisoner.

736. CHARLES COOPER was indicted for feloniously stealing, on the 15th day of August last, one linen handkerchief, value 2 s. the property of Edward Trelawney .

EDWARD TRELAWNEY sworn.

On Monday the 15th of August last, going along Whitechapel, at the end of Petticoat-lane , I felt my handkerchief go from my pocket, I turned round to my left, and saw a suspicious person run to the head of the horses of a coach standing there, then to the side of the coach, I saw him throw down the handkerchief, I went round and seized him by the collar, and endeavoured to get a constable, but could not then; I then took him into a shop, and sent for a constable, and gave charge of him.

(The handkerchief produced and deposed to.)

GUILTY .

To be twice whipped , and imprisoned one month in Newgate .

Tried by the London Jury before Mr. RECORDER.

Reference Number: t17850914-13

737. WILLIAM BARNES and RICHARD SILVESTER , otherwise JACK the Gardener , were indicted for feloniously assaulting Edward Daniel on the King's highway, on the 11th of August last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one guinea, value 1 l. 1 s. six copper halfpence, value 3 d. and one shilling his property .

EDWARD DANIEL sworn.

On the 11th of August, between seven and eight in the evening, about the four mile stone, on the Edgeware-road , I was robbed in a post-chaise, Mr. Wallis was with me, I was coming from Watford, on coming to the four mile stone, I observed three men coming along the foot path, and when they came opposite the mare, two of them struck right to the mare's head, and the other jumped right into the chaise, they laid hold of the mare, and I gave the mare a couple of strokes, I thought to have disengaged her from them, but the other that jumped into the chaise, gave me a stroke over my arm which hurt me very much, I think he struck me with a cutlass, I saw a cutlass afterwards.

I saw it, it was not in the scabbard; they asked me for my property, I told them they should have it; I gave him a shilling, and he asked me if that was all, I told him I thought it was enough, says he, I must have more; he then rummaged one pocket, and found nothing, then he put his hand on the outside of the other, and took out a guinea; that was the prisoner Silvester; he then took three penny worth of half-pence out of my waistcoat pocket, and left one penny, and then rummaged every pocket I had, and finding there was no more, he had nothing further to say to me; he left me, and came to the other side where my friend was that the other man was robbing, who is not taken, and they took four plates that my friend had got in a little basket, and then they went away.

How long might they stay with you altogether? - I suppose it might be five minutes, I discerned the men before they came to the chaise.

Had you leisure to observe the men sufficiently to know who they were? - Quite so.

Do you know which they were? - Yes, I am convinced these men are the men, I picked these men out of fourteen prisoners.

Were they dressed as they are now? - Barnes was in a brown coat, and the other was in a drab coat; the one that is not taken put a handkerchief into his mouth, and I am not clear whether Silvester did or not, but I think not.

Can you recollect which of them was in the chaise with you? - Silvester was in the chaise.

When were they taken up? - The next day, I believe one of them was taken up in Wardour-street, in London, they went across the fields towards Hampstead as we understood.

Mr. Peatt, Prisoner's Counsel. Did you ever see either of their persons at all? - No, Sir.

You was considerably surprized? - No, Sir, I was not, I never met any thing with so much resolution; I paid my attention to the prisoner, I saw his face as clear as I see yours.

JOHN WALLIS sworn.

I was with Mr. Daniel in the chaise, I have heard the account he has given of the robbery, it was exactly as he has told it.

Then are you equally positive with him as to the two men? - No, I do not swear to the men, but I swear to the key that they took from me.

Was it a light night? - It was so light that I saw them forty yards before they came to us, but had not the least apprehension of their stopping us.

JOHN DIXON sworn.

I apprehended Silvester, I found the key of a pistol in his pocket, with some powder, I took him up on the 12th of August between three and four o'clock in the afternoon in Wardour-street, I found a guinea upon him, but Mr. Daniel could not swear to it.

WILLIAM PICKERING sworn.

I know no further than what Mr. Dixon has related, I was with him, Barnes was taken the same evening, he was loitering about the street.

Mr. Peatt. What is the reward you are to receive on the conviction of these persons? - I cannot pretend to say.

Did you suggest any thing to the prosecutor, or say any thing, or point out the parties? - No, I did not, he went in by his own accord, I did nothing by way of pointing the party out.

Prosecutor Daniel. I hope the gentleman does not impute any thing to me, I never will receive any thing, nor expect any thing.

I was going along Litchfield-street, and I went to the Cock, and I was there taken by two of Sir Robert Taylor 's men, in about four or five days I was brought up again, and sworn to for a footpad robbery.

Court to Daniel. I ask you just for the satisfaction of the Jury, had you been

drinking, or was you perfectly sober? - No, my Lord, I was perfectly sober.

WILLIAM BARNES , RICHARD SILVESTER ,

GUILTY , Death .

Prosecutor. My Lord, from the character I have had of Barnes, till within these three months, I wish to recommend him to mercy, he has lived in one of the first families in the kingdom, which is Lord Salisbury's, and till within these three months has behaved very well: I hope your Lordship will recommend him to mercy as a young offender.

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-14

738. JAMES BELTON was indicted for feloniously assaulting William Fletcher in a certain field and open place, near the King's highway, on the 23d of June last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, six shillings in monies numbered, his monies .

WILLIAM FLETCHER sworn.

I am a gardener , I live at Hampstead; I was robbed on the 23d of June, rather past nine in the evening, I was going home on foot, I was alone, I was stopped going down the other side of Primrose-hill , upon the declivity of the hill, going towards Hampstead, by the prisoner.

Did you know him before? - No.

Did you see him before he stopped you? - Yes, about 20 yards from me, coming towards me, he and another.

What passed when he stopped you? - Just before he came to me I saw something glitter from under his coat, which was a pistol, he put it to my breast, but not quite close, and said, damn you, your money, and your watch; I said, I have no watch, and I had but a little money, and they should have it, but not to use me ill; then they asked me how much I had, I said between six and seven shillings, and I put my hand in my pocket and gave it him, and he put his other hand to look it over, then he asked me if I had no more, I said I had not, and the other man who was in soldier's clothes said, look whether he has got a watch or not, and I said I had not, they might search me, and before that he said pass, and then as he was going away, he turned about, he says, there are two more men in the hollow, but if they stop you, you say bob; the prisoner was taken up the 3d of July; it was a very fine clear night.

Was it dark? - No, far from being dark.

Did you take particular notice of the countenance of the men? - Exceedingly of this man, but of the other I did not, because of the other man I had not an opportunity, this man held the pistol to my breast, the other man went round me.

Are you sure that is the man? - I am very positive of it.

Did his figure strike you at the time? - Yes, very much.

If you had described him now when you went home, how did you describe him? - I described his visage, a black swarthy man, about five feet ten inches, he was dressed in a lightish coat and red waistcoat, but I could not distinguish what cloth it was, as to his lower part I could not see, he had nothing over his face, his hat was flapped.

When you saw him ten days after was you sure of him at that time? - Yes, I was very positive of it, as he accosted me in a very odd manner.

How so? - On the 3d of July, as I was going home, I had a great coat on my arm, and a large bundle in my hand, I met him this side of the Bunch of Grapes, by Brompton road; there are new buildings there just began, I was looking over my hand to the buildings, and he said good cheer, old man! and at the same time said, damn your blood, do not be sulkey.

Had you said any thing to him? - His voice struck me, and I stood still, but he

did not, I says do you know me? and he says, damn you, I know you, and the next time I meet you, I'll do for you; he said I will meet you, and kept on going, and uttered many more oaths that I did not hear distinctly, but I never heard any oaths pronounced with such vengeance; I ran home and was quite astonished at it, and there was a trembling came upon me.

I thought you lived at Hamstead? - Yes, but I came to Brompton to see my wife, I went and told my wife I had seen the man that robbed me; I did not stay with my wife a quarter of a minute, then I met two men, and I asked them to assist me, and they said they did not like to do such a thing; then I met with a good stout lad, I sent him for a constable and bid them follow me; I saw the prisoner go into the two brewers, and there I followed him, and the constable came in just after.

The night you was robbed going towards Hampstead, was you perfectly sober? - Yes, Sir, I had only part of a pint of beer.

You never saw the man before? - Not to my knowledge; I was not so much frightened at the time, only afterwards his telling me there were two men to meet me frightened me; I am clear he is the man.

Mr. Garrow, Prisoner's Council. Now Mr. Fletcher, you are a gardener at Hampstead? - Yes.

How far may that be from Knightsbridge? - I suppose it does not exceed six miles.

Knightsbridge is not the road to Hampstead from London? - I did not go by Knightsbridge.

Is Knightsbridge in the road to Hampstead from London? - No, certainly not.

Now the first thing that drew your attention to this man on the 3d of July, was his speaking to you? - Yes, Sir.

Otherwise you would not have seen him? - No, I did not see him till he spoke.

That put you into a sad trembling, that same swearing about frightened you dreadfully, even almost out of your senses? - It did.

But when you had two russians accosting you, and one with a pistol, you was not affraid? - I thought by my using no resistance they would not use violence.

Court. Was you or was you not afraid? - I certainly was a little, but not so much.

Did you tell this story in Bow-street? - I did.

They took down what you said there, did they not? - They did not take down all.

Did they take down any thing about Bob? - Yes.

Then it is not here, not a word you see about Bob? (looking at the examination) - I am very clear there was.

Who laid hold of this man? - The beadle is here.

Do not you know that the beadle left him at liberty till the next day? - I do not know that.

Have you never heard that from the beadle? - No.

Have you enquired who this man is that is at the bar? - No, no farther than the account that he gave of himself.

Have you searched his lodgings? - No; he had a red waistcoat on, and his voice struck me first.

What day of the week was you robbed on? - Thursday, it was a very light night, the moon was at the full the day before.

Now recollect whether the moon rose earlier than eleven that night? - Yes.

You will swear that it was up, and shining at the full? - Yes.

You never saw this man before? - Not to my knowledge.

What should you think about it if I was to call you six people to prove he was in another place? - I could not believe it.

I believe these twelve gentlemen will, and that will be a better thing.

- VAUGHAN sworn.

On Sunday morning this man came to the two brewers at Knightsbridge, and charged the landlord to take up the prisoner, whom I knew very well, he said I have nothing

to do with prisoners; what is the matter; says he, he has robbed me? then says he, you must get a constable; says he, take hold of that man; what man says I, what Belton! there the man stands, I know him very well, I laid hold of him, and we went before Mr. Justice Gilbert, the same day, and he was committed, then Mr. Belton said, I should be glad not to go to prison, let me lay at the public house, or at the constable's house; says Mr. Gilbert, I have committed you, but if the constable and you can agree, I have no objection, so we went and had a pot of beer, and I took him home to my own house, and kept him all night, and the next morning I took him before Sir Sampson Wright; I have known Mr. Belton for two years, he is a shoemaker at Knightsbridge, he lived along with Mr. Silvester a shoe-maker.

Court. What Silvester is that?

Mr. Garrow. He is here my Lord, it is not the man that was tried to day, we all know there are good men of that name, as well as bad.

Mr. Garrow to Vaughan. I see you was astonished when the man made a charge against Belton? - I said which is the man, there were but two sitting in the box, that was him and his man.

Was the prisoner an honest hard working man? - I knew his wife.

RICHARD ANGEL sworn.

I am a shoe-maker, I worked for the prisoner, on the 23d of June he was at work from the hour of seven in the morning, till eight at night, we worked together at the shop in Curzon-street, May Fair; Lord Aylesbury's people were going out of town, and they asked us to spend the evening with them, and we were there till past eleven, the names of these servants are James and John; I am sure that was the day, I do not recollect the day of the week, my master was taken up on the 3d of July, on Sunday morning; he never was out of his work for six months, but to the leather cutters and back again.

Court. What fixes this 23d of June in your mind? - Because when my master was taken up, he said it was last Thursday se'nnight that he was robbed, he said he had a good mind to swear to me, he said he could not, but if I had soldiers clothes on he would swear to me.

Where does Lord Aylesbury live? - In Seymour Place, May Fair.

Do you work for Lord Aylesbury's servant's? - Yes, in the mending way.

JAMES HOLT sworn.

I was servant in June to my Lord Aylesbury, I am so still, I am his coachman; I know the prisoner, on the 23d of June, he was at my Lord Aylesbury's stables, with me and my fellow servant, a little before nine in the evening, and staid till past eleven; he came on purpose to wish us a good journey, we were packing up to go out of town, I am sure it was the 23d of June, because it was the evening before we went out of town, I am very sure of that upon my oath.

Was Angel with him? - Yes.

Was John Boston there? - He was.

Is Lord Aylesbury in town? - No.

JOHN BOSTON sworn.

I lived in my Lord's service, on the 23d of June, the prisoner was at my Lord's stables from nine till a little after eleven; we were going out of town the very next day, I am sure it was the night before we went out of town, I am likewise sure it was from nine to eleven; Angel was with him, I have known him for three quarters of a year, he works just by our stables, I have seen him every day, he is a hard working honest man as ever I knew.

JOHN SILVESTER sworn.

I am a cordwainer, I live at Jamaica wharf, Christ Church, I have known the prisoner two years and upwards, he is a cordwainer, he has the best of characters for honesty, sobriety, and industry.

or was he an idle good for nothing fellow? - I never knew him to lose one day while he worked for me.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-15

731. AMOS ROWSEL was indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Spicer , about the hour of one in the night, on the 27th day of June last, and burglariously stealing therein, one silver watch, value 40 s. one gold seal, value 2 s. one base metal key, value 2 d. two iron keys, value 6 d. two pounds weight of tea, value 2 s. one handkerchief, value 6 d. one hundred and seventy four copper halfpence, value 7 s. 4 d. and thirty shillings in monies numbered, his property .

RICHARD SPICER sworn.

I live at Endfield , on the 28th of June last, about one in the morning, I heard a noise in my house, I got out of my bed, and a man was undoing my bureau, at my bed's feet, and I seized him directly, and we had a scuffle together, and he rushed away from me, and run down the yard.

Had you any light in the room? - No light.

How did you see him then? - I followed him, see him I could not, I did perceive him, but not to make any thing at all of him, we had a scuffle, he run out of doors, and I after him, and caught him at the bottom of the yard, and there we had a long scuffle, he was rather the best hand in getting over the pales, and I tore the skirt of his coat off, which is here; after the coat began to tear, he swore he would kill me, and he turned himself short about, and I perceived his features, and I knew him; he was on the other side of pales in a ditch, and he looked up at me, then I knew him perfectly well, he used to use my shop, I keep a chandler's shop; when the coat tore he got away, he was taken I believe the Sunday following; I found this pound of tea without the door, tied up in a handkerchief, and on that side of the coat which I pulled off, were between seven and eight shillings in halfpence, I found nothing else upon him, but I lost my watch, and about forty shillings in silver, the silver was in the next till to the halfpence, and my watch was in my pocket, and the key of my bureau; in my breeches pocket, which lay in a chair by my bed side; I never found my watch again.

How did this man get into your house? - He got in at the window, and undid the door, he took a pane of glass out, and took off the casement; the house was all fast when I went to bed, I am always the last up, I went to bed about ten, I saw all the doors and windows fast myself.

What family have you in the house? - None but a little girl fourteen years old; two quarries of glass were taken out first, but there was a shutter prevented him there, and then he came round backwards; I am sure to the man, quite thoroughly satisfied it is the man; it was not moon light, but bright star light.

Can you undertake to say positively that this was the man, when he was on one side of the pales, and you on the other? - I had the fuller view of him.

Had you lost any halfpence? - Between seven and eight shillings worth.

Did you find the silver? - No.

Was the till locked? - Yes.

Was it broke open? - He had got the key, that key was laid between two drawers upon the right hand behind.

JAMES SHAKESHAFT sworn.

On Tuesday the 28th of June, Mr. Spicer came and gave information that he had had his house broke open, and gave me a description of the person that had broke it open, and I received some private information where I could meet with him, and on the Sunday morning I saw the prisoner coming through the turnpike at Stamford Hill, I waited till he came to cross the Green, to come to the house where I was informed; I seized him, he struggled, and my brother officer came up, and we secured

him, and then took him to Newington, and searched him, and upon him I found these two keys, which Mr. Spicer has sworn to be his; I went down last Sunday morning to Mr. Spicer's house, and this key opened his bureau, and this key the till; I took this purse, and eleven shillings in silver, and some halfpence, and some dice upon him; I put the prisoner in a parlour amongst a many more people, and Mr. Spicer came and picked him out directly.

(The keys deposed to by the Prosecutor, having had the key of the bureau these twenty years, and being a very remarkable one.)

HENRY BAMFORD sworn.

I was present when Shakeshaft took the prisoner, I saw the keys taken from him.

JOHN CARTER sworn.

I know the prisoner was from his lodgings that night, he was my lodger, he used to come in at nine or ten o'clock he never came in any more.

WILLIAM DOWN sworn.

I know no more, than the prisoner was absent from his lodging that night, I only knew that, and to the best of my knowledge, that is part of the coat, that he wore at the time he laid with me in one bed, he set up in the bed, and I along side of him in the bed, when I saw him, I said, that is the man that lay with me at Carter's in one bed.

WILLIAM HAYES sworn.

I am a watchman at Tottenham, on the 28th of June, as I cried the hour of three the prisoner came by me in his shirt sleeves, he was without a coat and a white waistcoat, and Mr. Spicer came up in about half an hour afterwards, and asked if he was gone by, he asked me about him whether I had seen such a man go past.

Prisoner. It is well known that I never had any other waistcoat than this, since in the country I have been.

Court to Prosecutor. Were the halfpence you found in his pocket, loose? - Yes, they were loose in the till.

About nine or a few minutes after, I went out and locked my room door, I am a lodger, I am a married woman, I live in Tottenham street ; I had been gone about ten minutes, when I returned I heard a noise in the room, there were other people in the house, it is let out in tenements, I have the first floor.

Who is Mary Warren ? - She rents the ground floor, she has nothing to do with the first floor, a person said she thought there was somebody in my room; we both came out into the passage, and she called out John, but nobody answered, and then she went half way up stairs and met the prisoner with a bag of linen, she called me to stop him, and I caught him by his coat, I held him with one hand, and my child in the other, till he got into the street, and there he got from me; he was taken in a few minutes after, and brought back, when

he was brought back, there was found upon him one sopha cover, three shirts, two waistcoats, and one stocking; when one of the witnesses pulled the things out of his pocket, he threw some that way, and said, here Madam, here is your things; I heard him say nothing else in my apartment.

MARY WARREN sworn.

The prisoner came to the house, I heard a noise up stairs as if something fell, I went to go up stairs, and I heard a door locked, and a key taken out, so I said I will see who it is, if it is the devil; I saw a man on the stairs, he said he had been to see an acquaintance of his in the garret, and he put down the bag on the stairs from his shoulders, I said he was a thief; I did not examine the bag, there were sopha covers, chair covers, window curtains, and shirts, and waistcoats, and a number of different things belonging to Mr. Hankin.

CHARLES HOVENS sworn.

On the 19th of August, I was standing at my stable-door between nine and ten at night, and I heard a cry of stop thief, I run into the mews, and I saw the prisoner run out of the rope-walk, and I took him with these things upon him; I took him back to Mr. Hankin, I saw the things taken from him, I marked them again myself, I should know the mark again.

(The things produced that were found on the prisoner.)

Court to Hovens. Are these the things you found on the prisoner? - Yes.

Court to Mrs. Hankin. Are these things your property? - They are linen I had to wash, I am sure of them; I am sure the prisoner is the same man I met at the bottom of the stairs, I never saw him before.

THOMAS JONES sworn.

I heard the cry of stop thief, I went to the door, I saw several people running to the end of the street, where there is a gateway that leads into the rope walk; I overtook the prisoner and brought him back to the room of the prosecutor, and there were several things in his pocket which I saw taken away from him.

PRISONER's DEFENCE.

I had a direction to enquire for a man that owed me some money, and I believed that to be the house, I went up stairs, and kicked against some things in the dark, and I took them up with intent to give them to the people of the house, I asked the gentlewoman what things they were, she said you are a thief, that startled me, and made me fun; the gentlewoman swore that the door was locked; had I been in the room I should not have staid to lock the door.

Prosecutrix. I tried the door, and found it was locked, and I pulled out my key and opened it as usual, only that I had double locked it with my own key when I went out, and then it was single locked.

ROBERT GAINS sworn.

I live in Bow-street, Bloomsbury; I have known the prisoner for above five years, he is a taylor by trade, I have had large dealings with the man, a very honourable man in his payments, several people have been here to his character.

Prisoner. I was coming down stairs, the gentlewoman was never up one stair, therefore it was impossible for her to see this bag; I had no things in my pocket, it must be a very uncommon pocket to put such things in, I never saw the bag till the light came.

Court. Gentlemen of the Jury, this does not appear in any sense to be the dwelling house of Mary Warren , the whole house being let out in different tenements.

and entering the dwelling-house of Robert Rudd , about the hour of two in the night on the 16th day of July last, and burglariously stealing therein one silver tea-spoon, value 1 s. a lawn handkerchief, value 1 s. and one pound weight of ham, value 6 d. his property .

The witnesses examined apart at the prisoner's request.

ROBERT RUDD sworn.

I live at St. Mary, Stratford-le-bow , my house was broke open on Sunday the 17th of July last, I found it broke open when I came down, about four o'clock in the morning; I and my wife were up last the night before, and I saw all secured as usual when I went to bed, which was about ten; a little before four I awaked, and my little girl who lays in a little bed by herself, says da, there is somebody below stairs, I heard the foot of a man; immediately I got up an end in the bed to awake myself, and rubbed my eyes to be sure I was awake; in about five minutes I heard something go, I believe it was the lock of the foredoor, that caused me to get up, I went down in my shirt, I had a loaded pistol on the mantle-piece, I went down stairs, and saw by the light through the crevice, that the house had been broke open, it was then day-light, I saw by the light that the window had been open, I unbolted the stair foot door, and that minute I saw the prisoner jump out of the window of the back kitchen; I just saw the back part of him, I turned directly, and I said to the prisoner, what you are there, you rascal, I have got you, have I? he directly pointed a pistol at me, which terrified me, being in my shirt, as it would any man, I suppose, with the heart of a horse; immediately I run from the window, as another man I suppose would do in my situation, he jumped into the window after me, I said for God's sake do not shoot me; but b - r my eyes, says he, if I do not, he snapped the pistol at me, but it did not go off, I believe it was nor loaded; when I turned myself round, I saw the fire flash from the pistol, and it did not go off; I immediately caught hold of his collar, and up with my fist and knocked him down on the floor, I believe he and I were upon the floor for four minutes, and he cutting me over the head in twenty places with the pistol during the time, and I wrenched it out of his hand; I believe I lost two quarts of blood that morning at the least, he then turned round and jumped out of the same window that he came in at; while we were upon the floor, I cried out murder, murder to my wife, and said, bring down the loaded pistol from my apartment; she opened the window, and cried out murder, I immediately opened the door, and saw where he chucked this pistol, I run down our court in my shirt, as I was to alarm the town, I pursued the gentleman the back way, I run up to the Black Swan corner, after that I gave information of the gentleman to every person I saw, and at last I was coming home and I met a man who said he is caught; he was taken in about four or five minutes; I am sure he is the man, I have no doubt but he is the man; this is the pistol, I believe it was not loaded, except the balls and powder dropped out, it appeared to have been loaded; I lost one silver tea-spoon, one muslin handkerchief, and a pound of ham the gentleman wanted for breakfast; they were found in the garden all but the silver spoon, which was found upon him, there were two or three large spoons if he had looked where they had been.

Prisoner. You are positive I am the man? - I am sure of it.

ELIZABETH RUDD sworn.

My little girl heard a noise, my husband went down, and after he went down I heard him say, what are you there, I have got you at last, and I thought it was a cat that I had fastened into the house; and I heard my husband say, for God's sake do not shoot me! but what the prisoner said I cannot tell, then my husband called out murder! murder! bring down the pistol; I threw up the sash, and called out murder! then

I came down stairs, and the prisoner was going out of the back window: I saw the man, and very well know the prisoner to be the man; he was as near me as I am to your lordship, there was a good light, his back was towards me then, I never saw his face, he never was out of sight, I know him to be the same man by the dress, he had his hair tied behind with a bit of string, and a brown coat and striped trowsers: he was taken to the watch-house, and brought back; there was one silver tea-spoon, one morning handkerchief, a piece of raw ham, and this knife he took to the window, that I scrape the gridiron with.

WILLIAM PARROTT sworn.

On the 17th of July in the morning, sometime about the hour of four or something after, I cannot tell particularly the time, being in the room where I lodge, I heard a great cry of murder in the next house, I live next door to the prosecutor, I run down stair as fast as I could, and got into the back yard adjoining Robert Rudd's yard, and there I saw upon a little shed in Robert Rudd's yard, the prisoner making up the shed to a high wall, seeing him all over blood, I thought there must be something extraordinary, and hearing Mrs. Rudd say something. I pursued him over the shed up the wall; I never lost sight of him, only so far as when he jumped over a wall, the wall hid him till I got upon it; I immediately pursued him as fast as ever I could, I thought he got the advantage of me, but at last I took him, after a considerable struggle, and William West came up to assist me.

WILLIAM WEST sworn.

I live at Bow, next door but one to the prosecutor's; I heard the cry of stop thief! between four and five in the morning, I saw Mrs. Rudd looking out of window, and crying murder; she told me which way the prisoner was gone, and I followed him; when I first saw him, he was down, and William Perrot atop of him keeping him down, and I helped to take him; at the time I had him against the door, there was a teaspoon lay beside the pales, where he had been, at Noakes's, at the back door.

Is there any body that saw him drop it? - No, Sir, I believe not, but it was close by the prisoner.

(The spoon deposed to.)

THOMAS BARNETT sworn.

On the 17th of July last, in the morning between four and five o'clock, just turned of four, my wife waked me with the cry of murder, I dressed me and went down; I went up the court where the prosecutor lives, which is behind my house, I found the prosecutor's door open and nobody in the house, but I found a hat half full of blood, which was the prisoner's hat, as he owned before the justice, and it was in the prosecutor's fore-room below stairs, I took this knife from him, which the prosecutor's wife owned.

PRISONER's DEFENCE.

I was going to Stratford, and coming through Bow, I heard a great noise, and coming across the field this man seized me, and said I must go with him, he knocked me down, and cut me over the head.

GUILTY. Of stealing, but not of the burglary .

Court to Prisoner. You have been fortunate in the circumstance which, in point of law, intitled you to be acquitted of that part of the charge of this indictment which would have affected your life, if the jury had thought themselves warranted to bring in a general verdict of guilty; for your conduct was such, it would in all probability have excluded all hopes of mercy from your Sovereign, and certainly as far as depended on me I should have thought you most clearly a person proper to be made a public example of; for you were not only guilty of the most atrocious offence, but after the fact committed, and when you had an opportunity of making, or at least attempting to make your escape, not content with that you returned again, and, as far as lay in you, endeavoured to deprive the

prosecutor of his life: under these circumstances therefore there could not be a more fit example of public justice than you; but the jury have justly and rightly acquitted you of that part of the charge, and I am perfectly satisfied with their doing so; for however acrocious the crimes of offenders may be, it is our duty to administer the law with mercy and justice; but I cannot do my duty to the public, without passing the severest sentence upon you that the circumstances of your case will admit, which is, that you be

Transported to Africa for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-18

742. EDWARD GLYDE was indicted for feloniously stealing on the 8th day of April last, two iron bars value 20 s. one iron horse, value 5 s. and two iron bolts, value 3 s. the property of William Hill and John Taylor .

JOHN TAYLOR sworn.

I am partner with Mr. Hill, I lost the things mentioned in the indictment, I only speak to the property, which I saw at Justice Green's.

WILLIAM ELBY sworn.

I am constable of the night; about two in the morning going down Gravel-lane, I saw two men on the other side of the way, I stopped Grubb, the other escaped, it was very dark, I took up the prisoner some time after, I took him in April; I know nothing against him, only I apprehended him on the information of the evidence, his name is William Marsh .

RICHARD MITCHELL sworn.

I am a watchman, about two in the morning, on the 8th of April, I heard the noise of gingling of iron, and I saw the prisoner at the bar and the evidence here, whose name is William Marsh , standing at a little distance, and I passed between them, I walked about ten or a dozen yards, and I saw something lay, which I thought was a boat-hook, I struck it with my stick, I founded it, and it was iron; I went a little further, and I saw some more iron laying, these two bolts that are here, I came back from that place, in order to call my brother watchman, and while I was going to call him the prisoner and the evidence made off, when I returned, the first plate of iron was removed.

WILLIAM MARSH sworn.

Court. Now you know you are upon your oath, do not add one sin to another, but take care to say the truth, and nothing more.

Was you in company with the prisoner on Tuesday the 8th of April in the morning? - Yes.

Was you there when the watchman Richard Mitchell came up? - Yes.

What was that iron that was there between you and the prisoner? - Two long bars, a horse, and two bolts, this iron was taken from Mr. Hill's shop.

Who took it from there? - Edward Glyde , and I, and John Grub .

What time of night was that? - Between twelve and one the same night.

How did you get into the shop? - At first we did not know which way to get in, but at last we saw a weather board blowed down, and we got in there.

Where was you carrying this iron? - To New Crane.

Did you carry any part of it? - Yes, one long bar, John Grub carried the rest.

What did the prisoner do? - He stood in the boat.

(The iron produced.)

Prosecutor. The bar is made in such a manner, there is hardly ever a bar made like it, I never saw one, I have been in business fourteen or fifteen years, I am perfectly sure it is my bar.

Mr. Peatt, Prisoner's Council. You do not manufacture this bar iron yourself? - No not in bars.

743. JAMES MOSDELL was indicted for feloniously assaulting Mary, the wife of William Warwick , on the King's highway, on the 19th day of July last, and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one shilling, and one counterfeit shilling of no value, and eight copper halfpence his property .

(The witnesses examined apart at the request of the prisoner.)

MARY WARWICK sworn.

On the 19th of July last, about half after ten at night, I was going to Old-street-road, towards Shoreditch , just on the other side of Mr. Calvert's house, I was stopped by two fellows, the prisoner at the bar is one; the prisoner and the other came up to me; the prisoner had a knife in his hand, he bid me stop and give him my money, or he would cut me down; I told him it was not worth his while to stop me, for I had very little money in my pocket, he insisted upon my giving him what I had, or he would cut me down; I put my hand into my pocket, and pulled out some halfpence, and then a shilling, he told me it was not all, I told him it was; then they both turned from me, and he bid me go quietly about my business; before he stopped me, I had only two good shillings, and a bad one, and some half-pence, and when I came to look in my pocket, I missed a good shilling, a bad shilling, and four pennyworth of halfpence.

Did you know the prisoner's person before? - No.

Was it light enough for you to be sure of the person of the prisoner? - Yes, it was, and I am sure the prisoner is the person that demanded my money, with a knife to my face, and swore he would cut me down twice; I pursued them, and called stop thief! and a young man came up to my assistance, and asked me what was the matter, I told him, he ran after them, I could not have sworn to the other, but my eyes were so fixed upon this, by his holding the knife to my face.

JONATHAN TODD sworn.

On the 19th of July last, the prosecutrix applied to me, and said she was robbed, I was about six yards off, and she cryed stop thieves, they have robbed me; I immediately turned and ran after them, they ran about fifteen or twenty yards, one of them was taken in my sight, by one Kinchin, the other got off.

RICHARD COLLINS sworn.

Coming down Old-street-road, I heard the cry of stop thieves, I ran after them, they ran on the other side; Kinchin took the prisoner by the collar, and I got hold of him.

STEPHEN KINCHIN sworn.

On the the 19th of July last, I was sitting in the City-road, at the round house door; I heard the cry of stop thief, I ran into the middle of the road, and a young fellow with me that I was talking to; I had a stick in my hand, I saw the prisoner running, he came past the young fellow, and I struck at him with my stick, and received part of the blow on my chin; I caught him by the collar, and turned him quite round, he said I am not the man, I am running after the man; I stopped him, and the prosecutor and some more came up, and one came up and said, you are the man that ran from the man, and I held him fast, the prosecutrix said he was the man; I had not the presence of mind to search him.

affair, my mistress I work for told me to go to the Angel in Old-street, to look for a man to work, I went and had two pints of beer, and delivered my message, coming along about half past ten, I heard the cry of stop thief! I ran, and I was stopped, and another man as well as me, he is here now.

JOHN CROWDER sworn.

I keep a cane shop, I never knew the prisoner, I was sitting in my own house, which is nearly opposite to where he was taken, and I heard the cry of stop thief! and I ran immediately into the middle of the road, there were several people running, I ran as well as the rest; I was laid hold of for the thief, and immediately after, that same person said they knew me, I was released, I went to the watch-house, the woman seemed rather much flustrated, and they asked her what she had lost, she said she could not positively tell; the next morning I went to hear the prisoner's examination before the Justice, and when I came there, there were some witnesses swore this was the person who committed the fact, then the Justice asked her if she was sure this was the person, and she said yes, he said should you know the other, and she said she could not know the other if he was by her; after he was committed, there was a young man that works for me leaning upon the table, and she went and looked under his hat, and said this is the other man that robbed me, I said are you sure he is the other, says she, if he is not the other, he is one of their companions; says I, madam you must be a very base woman to say so, when he was at the same time at quite a different part of the town, upon that she held her tongue.

RICHARD ATWOOD sworn.

The prisoner served his time to me, an honest worthy young fellow as ever broke the world's bread; he was at work the day of this accident, and for weeks before, he had a shilling of me about half after eight that evening, I am a whitesmith.

The prisoner called nine more witnesses, who all gave him a very good character.

Jury to Prosecutrix. Were there any lamps about you that night? - Yes, there were, and as for Crowder never spoke to me in his life.

Kinchin. No, Mr. Crowder is wrong there.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. Justice ASHURST.

Reference Number: t17850914-20

744. THOMAS MEAD was indicted for burglariously and feloniously breaking and entering the dwelling house of Richard Barker and John Winter , about the hour of twelve in the night, on the 28th day of July last, and burglariously stealing therein, one silver watch, value 4 l. one steel chain, value 6 d. two seals, value 6 d. and one brass key, value 2 d. the property of George Geddies .

GEORGE GEDDIES sworn.

I know Richard Barker and John Winter , they are lessees of the turnpike gates, they two have a house at Holloway .

Who lives in that house? - Every man according to his turn while he is on duty; on the 28th of July I was there, it was my night, I missed my watch about one in the morning, there was another besides me, the doors and windows were done, I locked the door myself and put the windows in.

What time did you go to bed? - About eleven.

When did you awake? - About one.

What did you miss? - I went to look what it was o'clock, and I missed my watch; the prisoner came to the door, he called, and I let him in, the door was fast; I opened the door, and asked him where he was going so soon in the morning, he said he had been in the fields to fetch his horses up, and I told him I had lost such a thing, and he asked me what I meant by that, then I said my watch, and he d - d his eyes, and asked me if I thought he had got it, and said he would strip all his clothes off, and let me search him, I said somebody had got it

Where was the key over night? - On the inside, on the table, when I opened the window I found a pane of glass had been taken out, the lead had been undone by a knife, or some instrument, then he went away, and I took him up on the 1st day of August, with the officer; we did not find the watch upon him, but he confessed he was the man that took it.

What was said to induce him to confess? - It was the officer that talked to him.

What did he say? - I do not know.

Did you know him before? - He lived servant with Mr. Hickman, the house is the turnpike house.

Is there more than one room? - There is a cellar below.

Where was your watch? - Hanging on a nail.

THOMAS ISAACS sworn.

I received information from Mr. Geddies that the house had been robbed, he said he had a suspicion of a lad that worked along with Mr. Hickman, accordingly I went down to Holloway, and apprehended the prisoner, says I, my friend, you must go along with me; for what, says he; says I, do you know this man, which was Geddies; Oh! says he it is about the watch; I meant to take it back again; says I, where is it.

He said this to you without your saying any thing to him? - Without any thing at all, he fell a crying, and went and shewed me where it was; it was hid up in the hay lost of Mr. Hickman's house at Holloway; here is the watch, with the prosecutor's name upon it.

(The watch deposed to.)

EDWARD STONE sworn.

On the 28th day of July I saw a gentleman's carriage at the gate, this boy let it through, being one of the patrol belonging to Bow-street, I thought it would be well to take notice of what was upon the road; the boy went to the window and put his head in, and put the key in; this was at the time that the gentleman's carriage had passed on, it might be a minute, the turnpike gate was not open, nor anybody there but two ladies that got out of their carriage, he then went to the window, and put his hand in, as I supposed with the key, and shut to the window; at about two minutes after I heard a carriage coming along, it stopped again, the boy went and put his head right in, and took the key and let the stage coach through, and I heard the stage coachman say, here boy, where is the turnpike man, here is six-pence, and if you do not keep it you ought to be d - d; he opened the gate and let the stage through, after the gentleman's carriage had gone through.

Court to Prosecutor. Why I thought you always fastened the gate at night? - It was fastened.

How did this boy get in? - Why he came in at the window, and took the key and went out of the window again, there was no spring key of the bolt belonging to the window.

Stone. The prisoner then went to the window again, but what he did I do not know.

When you saw him twice go to the window, did you see him open the window? - I saw him open the window and take out the key of the gate.

PRISONER's DEFENCE.

On the Thursday night my master ordered me to get up very forward in the morning, and be at market about five, without fail, I went to bed, and waked in the middle of the night, and brought up my horses, the prosecutor let me through, as I was running along after the horses I saw something lay white, and I turned round and picked it up, and it was this watch, I did not know what to do with it, I thought one would own it, and another would own it, and I know there is a great many bad fore of people about, and I thought I would wait for the advertiser for

it; I enquired every day in the papers, on Monday night this gentleman came to me, and asked me if I had it, I told him I had, it was at my master's, and I went and fetched it out of the hay, then he told me he was an officer, and he would have me to gaol.

GUILTY Of stealing to the value of 39 s. but not of the burglary .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-21

745. WILLIAM HANDS was indicted for feloniously stealing on the 18th day of August , one linen handkerchief, value 2 s. the property of Edward Trelawney , Esq ; privately from his person .

EDWARD TRELAWNEY , Esq; sworn.

On Thursday afternoon, the 18th of August last, as I was passing down the back lane leading towards Stepney-fields , I put my hand into my pocket to feel for my handkerchief, I missed it, I immediately turned round to take notice if any person was near me, I did not observe any but a gentleman on the opposite side of the way, and I thought by his holding his fingers up to his nose, he knew something of it, I was going to cross the way to him, and I observed the prisoner at the bar run out of an alley, I pursued him through several alleys, through two houses, and several turnings, during the pursuit he dropped my handkerchief in the kennel, I picked it up and followed him till he took shelter in a house.

What do you suppose it to be worth at the time it was taken? - I do not know, it cost me three shillings, I am not acquainted with the value of old handkerchiefs, I suppose it is not material.

But it is material? - Then if it is material, I wish to value it as low as possible; I only come here to do justice to my country; I wish to exercise the feelings of humanity at the same time.

Prisoner. The gentleman cannot swear I picked his pocket, I was playing with some other boys.

Prosecutor. He said before the Justice he lived at Brentford, he was playing at hoop; he appeared in a very indifferent situation, I gave him six-pence at the time, and I gave him six-pence after he was committed.

Court. Gentlemen of the Jury, If the indictment had been proved as laid, it would have been a capital offence, for if you find him guilty of privately stealing from the person to the amount of more than a shilling, it would exclude the benefit of clergy.

GUILTY, 10 d.

Whipped .

Tried by the second Middlesex Jury before Mr. Justice ASHURST.

Reference Number: t17850914-22

746. FRANCIS GROOME was indicted for feloniously stealing on the 2d day of September , two ounces weight of leaf gold, value 8 l. the property of Robert Durnford .

ROBERT DURNFORD sworn.

I lost some leaf gold, upwards of two ounces, out of my shop, on the 2d of September.

Is your shop a part of your dwelling house? - Yes.

When did you see it there? - I saw it there within an hour.

At what time did you miss it? - The next morning at six my people missed it; I saw it the night before at eight o'clock, and at nine I saw the prisoner come in, he came in to sell some skewins, which is a kind of gold that the gilders and coach painters rub off after they have used it, with cotton.

How long did he stay in the shop? - It might be ten minutes I believe.

Where was your leaf gold at that time? - It was lying on a board in the shop; after I missed it I sent out persons to different parts of the town to have it stopped; the first let him go, the second would not buy it, the third only stopped the gold, and not the man, the fourth stopped both gold and man; Mr. Stubbs has it.

Mr. Peatt, Prisoner's Council. Did this man ever tell you any of this article before? - Never.

Who was in the shop; - I can say there was my son in the shop, and I called my boy to get change, and I believe my daughter went to the door of the shop.

JOHN STUBBS sworn.

I am a silversmith in Holborn, I produce this gold leaf which the prisoner brought to my came there the 3d of this month at about twelve, and asked me if I bought any gold, I told him I did; he told me it was gold leaf, he had not got it then, but he would go and fetch it; he went out immediately, and in the space of five minutes he brought this gold to me; I asked him if he had any more of it, he said, yes, he had, but he could not get at it at present; then I asked him how he came by it, he said he found it the corner of a street; I told him immediately I had had information that morning twice, that Mr. Durnford had his shop robbed of a quantity of gold, and that I was desired to stop both man and gold; and if he came by it honestly, he would not mind being examined; accordingly I put him in the parlour, and Mr. Durnford came down, and said, the prisoner was the man that was in his shop the night he lost his gold; I asked him where the remaining part of the gold was, he said he had given it to another man, and could not get at it at present.

Prosecutor. This part of the gold that was lost, I have a duplicate of it in my pocket; as to the melting, and manufactory, it is in such a state as I am sure of, it is my own work that I was upon.

Mr. Peatt. Is it not usual, Sir, to manufacture gold in that way? - Certainly, but it is in the same state, the same melting, the same ingot and colour.

Court to Prosecutor. How much is there of that? - Here is a five penny weight, which is about the eighth of it.

- FARLEY sworn.

I am a gold-beater, I produce this gold leaf, which I received from a person, but I cannot tell who it was, I conceive it to be the prisoner, I am not positive; the person said it was not his own property, it belonged to a person that found it; there was more of it, and he had given him this to sell.

What quantity is there? - About sixteen shillings worth, he went away to fetch the person, and I sent to the prosecutor.

- BADGER sworn.

The prisoner is my master, he told me at Bow-street, that they had not got all the gold, there was some hid, he did not say where; I went in search of the gold, and I found the skins, some bits of gold were in a stable, the skins were found close by the shop, in a hole with some dirt over it.

(The skins produced.)

Mr. CLOCKIN sworn.

I found these skins in Mr. Durnford's shop, brought there by this man.

(Deposed to.)

Prosecutor. I know these skins by many marks, they have been through my hands, I suppose two thousand times.

Did you lose these skins at the time you lost the gold? - I did.

Was there gold between every skin? - May be not between every one, but between the major part.

Mr. Peatt. Those are such skins as gold is usually beat on, manufactured in that way? - They are.

How old are you? - Sixteen, I am an apprentice to Mr. Durnford, I know this gold, by pulling it to pieces it appears exactly like it; my master has some that would appear like it, supposing it to be rumpled up as this is; I saw it the night before; I was going to work upon it; gold was not often left as ours was.

Suppose you saw that gold any where else, would you swear to it? - I could not particularly swear to such a thing.

No, I dare say you would not, any more than you would swear to the taste of it? Does the colour vary? - Very frequently the same.

Prisoner. Sir, I found the gold the night before this gentleman says he lost it; the gold I sold to the prosecutor, and the other too.

Court to Durnford. What did you give him for the skewins? - Twenty-pence.

Jury. What trade is the prisoner? - He is a farrier.

The prisoner called five witnesses, who all gave him a very good character.

Court to Prosecutor. What is the value of the gold found upon him? - About twenty shillings.

GUILTY Of stealing to the value of 20 s.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-23

747. JAMES LEWIS was indicted for feloniously stealing on the 15th day of August last, two silver salt holders, value 12 s. two pepper casters, value 20 s. one silver milk-pot, value 10 s. six table spoons, value 3 l. one silver marrow spoon, value 8 s. the property of Hannah Chadwick , in her dwelling house .

(The witnesses examined apart at the request of the prisoner.)

HANNAH CHADWICK sworn.

I live at the Gun alehouse at Islington , the prisoner and another came into my house on Friday the 12th of August, and had a pint of beer; they were in my house Friday, Saturday, Sunday, and the Monday they robbed me; they came in on Monday morning at half past six, and called for two-pennyworth of gin and water, and waited there till half after eight, till I sat down to breakfast; then when I sat down to breakfast the prisoner got up and went to the door, as I did imagine, and instead of that, he went to the bar, opened the door, and took the plate which I have here; I did not see him go into the bar, but I caught him there; I called cat I am robbed, and my sister came to my assistance; I asked him what he did there, he said he was doing nothing; says I, but you have got something out of my cupboard, and I called to my sister, and he laid hold on one side of her, and he got out of the bar from us, and threw down these things in the passage, my sister had hold of his waistcoat, and it gave way, here is half of it; then he got away, and carried off the salts and papper boxes; he threw down half a dozen, silver spoons, a marrow spoon, and a milk-pot.

What is the value of these things? - They are altogether about the value of 3 l. the prisoner ran out, and I came in to see what was the matter, and what was lost, and I missed the two salts and pepper boxes, I never found them; they were in the bar along with the rest; I told a person that I was robbed, and the prisoner was brought back in less than half an hour, I am sure of the things.

SARAH BURLAND sworn.

I know the prisoner, I live with the prosecutrix, I saw the prisoner at her house four times, I remember seeing him there

the 15th of August, my sister called she was robbed, I went into the bar and caught hold of the left-side of his waistcoat, and held him till he got into the passage, he left part of his waistcoat in my hand, then he got away from me, and I did not see see him till a man brought him back.

ANN DELL sworn.

I live servant with Mrs. Chadwick, two gentlemen came in about a quarter after six in the morning, my mistress asked them to walk into the parlour, they had two-penny worth of gin and water, and when the kitchen was scowered, these two gentlemen went in, after we had done the parlour, at about a quarter after eight, we went to breakfast, and at the first dish of tea this prisoner went out, and my mistress thought she heard the spoons jingle, just as if the cat was licking a plate, and she got up and cried out I am robbed, I am robbed, and we all ran out, and my mistress collared him, and his sister and I went to take the spoons ou t of his hand, and he clawed me all down my arm, then he threw the spoons down under the bench in the entry, and the marrow spoon and the milk pot.

ROBERT SIBLEY sworn.

I took the prisoner, I was going about my business at half after eight on the 15th of August, and I saw the prosecutrix and her sister at their door very much frightened; she said she had been robbed by two men in brown coats, she said they were gone the way I was going, and I followed them; I first saw them in a cow place, they saw me after them, and they went into a field that goes to the Shepherd and Shepherdess, and the other man made away, and I took the prisoner; I asked him how he came to rob the woman, and he said he knew nothing of it, his coat was buttoned up; the prosecutrix told me he had left part of his waistcoat, and I unbuttoned his coat, and saw part of his waistcoat wanting; says I, friend, you must go with me, for they want you to match the other part of the waistcoat; so I took him back, and he was committed, I did not search him.

PRISONER's DEFENCE.

On the 15th of August, about five, I got up, I says to my wife, I will go and see if the water is smooth to go a fishing, I did not take my rod with me, at the New-river I stopped a little, and I entered into discourse with a man, he said he had been there an hour and a half, and had caught three fish, so we went to the Gun, and he asked me to go in; the gentlewoman said come into the parlour, we staid there, and drank the liquor out, then we went into the kitchen, I was reading a newspaper, I went out to the door, and stopped for the space of five minutes, I came in again, and my shoe was unbuckled, I was buckling my shoe and rising up, and coming into the room, the woman said I robbed her, the other man that was with me ran out, and he threw something from him; I have but lately come from Yarmouth, I came to receive some prize-money from the Thunderer, the lady was not in town, it was lady Walsingham.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. Justice ASHURST.

Reference Number: t17850914-24

748. ELIZABETH DALTON was indicted for feloniously stealing on the 15th day of September last, fourteen linen handkerchiefs, value 14 s. the property of Joseph Earle , privily in his shop .

JOSEPH EARLE sworn.

I am a linen-draper in the Strand , on Monday the 12th of September I lost fourteen linen handkerchiefs, between the hours of five and six in the evening; the prisoner was in the shop when I came into the shop, I saw something about her hands and cloak as she went out of the shop, and I suspected her.

Court. Did you see her put any thing under her apron or cloak? - No, I cast my eye on a pile of pocket handkerchiefs, and observed it appeared as if some of them were gone, the top one appeared to be

moved out of its place, I then stepped after her, she was then got about twenty yards from the door, I tapped her upon the shoulder, and begged her to come back, she came back, I desired her to sit down, then she run out again; says she, what business have you to desire me to stay here, or words to that effect; I pursued her, she ran very fast, and was got some distance before I could catch her, then I took her to the beadle's, and he examined her, and found nothing upon her.

JOHN JOHNSON sworn.

I happened to be coming across the street, I walked pretty fast, and I met this young woman full-butt; and in the meantime, the gentleman came up and tapped her on the shoulder, and told her to come back to the shop; while she was turning back, I saw these handkerchiefs drop from her, I picked them up, and followed with them, and gave them to Mr. Earle in the shop, and I thought she had bought them and lost them.

Prosecutor. These are the handkerchiefs that the black brought, some we charge at three shillings, and these eleven linen handkerchiefs were thrown down an area where she ran by; they were in the shop when she was in it, I put them in the window in the morning myself.

JANE HOLLOWAY sworn.

I saw these handkerchiefs tumble down the area, but I did not see who threw them; I live about a hundred and twenty doors off.

Court to Prosecutor. In your pursuit of this prisoner, did you pass Mrs. Holloway's house? - Yes, I suppose twenty yards.

DANIEL WILLIS sworn.

I was in the shop between five and six in the afternoon, this woman came in, and asked to look at some lawns, while I was shewing her some, I saw her with her hand in her pocket as if she was putting something under her apron.

Did you see these handkerchiefs in the shop at that time? - No, not at that time, I saw them in the morning, I did not miss them at that moment, I suspected her, and I kept her in suspence as long as I could, till somebody came into the shop; she told the price of some lawn, I told her it was two shillings and two-pence; she asked me to take two shillings. I told her I would cut her half a yard for one shilling; she went out of the shop, and my master brought her back, and she went away again, and the black brought the handkerchiefs.

PRISONER's DEFENCE.

I am sure I am innocent, I do not know who might take them out.

Prosecutor. I put them in the window in the morning, I do not recollect they were shewn to anybody.

The prisoner called two witnesses, who gave her a very good character.

WILLIAM HAYWARD was indicted for feloniously stealing on the 26th day of July last, twenty-five yards of Irish linen, value 27 s. and nine silk handkerchiefs, value 4 s. the property of Ann Ravenhill , privily in her shop .

JOHN MOUL sworn.

I live with Ann Ravenhill at Norton-Falgate , she keeps a linen-draper's shop ; on Tuesday the 26th of July, she lost twenty-five yards of Irish, and nine silk handkerchiefs, the Irish was taken off the shelf behind the counter in her shop, they were in the window, I saw them there that morning, I missed them a little after one.

Why did you suspect the prisoner? - I was at dinner, and I saw somebody run hastily down the steps, I immediately jumped out of my chair, and ran out of the door, I could not see any body, I came back again, I took my hat, and somebody told me which way the prisoner went, I pursued and saw him, I came up with him in a very few minutes, he was stopped by Cole.

JOSEPH COLE sworn.

I stopped the prisoner, I believe it was him to the best of my knowledge, I stopped him in Petticoat-lane upon the cry of stop that lad, I saw him drop the piece of Irish, I held him by the collar while I picked it up, it is here.

- ARMSTRONG sworn.

I received the care of this Irish from Mr. Cole and the prosecutor, and the charge of the prisoner.

(The Irish deposed to by the private mark.)

Moul. I do not know who marked it.

Did you find a cavity after he went out of the shop? - Yes.

Was it that piece that was wanting? - Yes.

What is the value of it? - It cost thirteen pence a yard, and there are twenty-five yards.

Cole. I saw him drop some handkerchiefs, but I do not know how many at the same time.

PRISONER's DEFENCE.

I had been in the city, and a gentleman asked me to carry that piece of Irish, and told me he would give me six-pence, he bid me run all the way, and the gentleman laid hold of me.

750. JOSEPH BANNING was indicted for that he, on the 25th day of July last, feloniously and falsely did make, forge, and counterfeit, and cause and procure to be falsely made, forged, and counterfeited, and willingly aid and assist in the false making, forging, and counterfeiting, a certain order for the payment of money, dated the 18th of July last, with the name of George Prescott thereunto subscribed, purporting to be signed by George Prescott , Esquire, directed to Messrs. Prescott and Co. for payment of 52 l. 10 s. to George Scott , or bearer ; the tenor of which said false, forged, and counterfeited order for the payment of money, is as follows; that is to say,

"July the 18th, 1785. Messrs. Prescott and Co. pay George Scott , or bearer, fifty-two pounds ten shillings. George Prescott , 52 l. 10 l." with intent to defraud the said George Prescott , Esquire , George William Prescott , Andrew Grotte , William Culverden , and John Hollingsworth .

A second count, for uttering the same, knowing it to be forged, with the like intention.

Third and fourth counts the same as the first and second, only with intention to defraud George Prescott , Esquire.

(The witnesses examined separate at the request of Mr. Garrow, Prisoner's Council.)

HENRY CLAYTON sworn.

I am clerk to Messrs. Prescott, Grotte, and Co. and have been so for some years.

Where is their banking-house? - In Threadneedle-street.

Do you know that young man? - Perfectly well.

Do you remember his coming to the house? - Perfectly well, it was on the 26th of July, between six and seven o'clock, he brought a draught to the house for payment, we told him it was past the hour, and we could not pay it him; he said he had been early by our house that morning, and was going to Cheshunt that evening, and he must come to town again on purpose; we thought it reasonable to pay him after consulting a little together, and the draught passing through the hands of two or three, we told him we must give him notes, he desired to have cash, but he took a 30 l. bank-note, a 15 l. bank-note, and 7 l. 10 s. in money, he did not seem to count it readily, he seemed to turn the notes over as if he could not read them; I told them over to him, he took them without counting them, and put them in his pocket; after he was gone, a confusion having been observed, I desired to look at the draught, and having reason to suspect it, I looked at some other draughts of Mr. Prescott's in the house, and they differed materially; he told me his horse and chaise were waiting at the Basing-house, we sent there, but we could not find any person there that answered that description.

Court. What is the Basing-house? - It is a public-house where they water their carts and horses; I put two marks on the draught immediately on suspicion.

Did you know the number of the notes? - Yes, clearly, I entered them in the waste book.

What are the numbers? - The book is here, the number of the 30 l. note is 7477, and the 15 l. note is 2476.

Mr. Garrow, Prisoner's Council. How long have you been a clerk to Mess. Prescot? - Between six and seven years.

Mr. George Prescott , many of us know, lives mostly at Theobald's? - Yes.

He generally draws by draughts? - He has frequent occasion to draw, I am one of the paying clerks, I have very frequent opportunities of seeing his hand writing, this draught was tendered to me.

You have had frequent opportunities of seeing Mr. Prescott's draughts? - I have, the draught was tendered to me for payment, it was tendered after five.

You are very sure? - Yes.

How often may that happen? - We very frequently oblige gentlemen.

I believe you do not pay after five, but to customers? - This was not a customer.

So I see, and I wish the Jury to remember that of course, after you have done paying your hurry is over? - Yes.

Then a man coming after the hour of paying, he must be subject to more notice than he would be in the hurry of business? - He certainly caused more notice to be taken.

A man coming with a forged draught would be glad to get away, I should think? - He would rather have had cash.

At the time you paid it, you believed it to be the draught of Mr. Prescott? - If I had not, I should not have paid it.

Upon comparison then you suspected it? - I did.

That suspicion however did not then decide you that it was a forgery: now I ask you, as a conscientious man, upon your oath, whether at that time you could have ventured to have sworn that that draught was a forgery? - I could not swear it was not his signature.

Mr. Prescott we all know, or at least I do, has a very large estate at Theobalds? - Yes.

He has very many occasions to sign his name? - He has.

He is a magistrate for the counties of Hertford and Middlesex? - He is.

He is likewise a commissioner of the land-tax? - I believe he is.

Now from the strong likeness in this draught, was not you induced to believe, and had not you suspected, that somebody had substituted this to Mr. Prescott, as some other paper he intended to sign? - It never occurred to me.

You did not go with Mr. Smart to the prisoner's house? - I did not.

I take it, that even now, looking at the draught alone, without comparing it with any other writing of Mr. Prescott's, you would not have ventured to have sworn it was not his hand writing? - I have heard nothing from any body on the subject, I have compared his draughts, and there is a great difference.

I ask you, if that draught was put into your hands at York, where you could not compare it, upon the bare inspection would you venture to swear it was not his handwriting? - Not the signature I would not.

Then if this thing had been offered to you any where but in Threadneedle-street, and you had been disposed to have advanced money upon it, would you have done it?

Court. That is a consequence of its being Mr. Prescott's hand-writing.

JOHN FOSTER sworn.

I am likewise clerk to Mess. Prescott and Co. I remember the prisoner's coming to our house; I have not any doubt as to his person, I am sure he is the person that brought the draught: on the 25th of July, he came about six-in the evening; with a draught of Mr. Prescott's for 52 l. 10 s. drawn by Mr. Prescott, on a plain piece of paper, and not stamped.

Court. What do you mean by that observation, that it was on a plain piece of paper, and not stamped? - I never saw one of the kind before, as I recollect on a plain piece of paper: the prisoner asked if we could oblige him with the payment of that draught; that he was past our house about six in the morning, had been to Richmond, and was going to Cheshunt that evening; that he was to meet his friend at the Basing-house in Kingsland road about six, and would be much obliged to us to let him have payment; upon shewing it to the head clerk, this being Mr. Prescot's draught, we concluded on paying it; we asked him how he would have it, he said in money, as he might find some difficulty in getting notes changed in the country; we had locked up our cash, and told him we should be obliged to pay him in notes; we paid him a 30 l. note, and a 15 l. note, and 7 l. 10 s. in money, which was paid him by Mr. Clayton; he seemed confused, he did not seem clear whether it was right or not.

Court. It is sufficient that you upon inspecting of the draught, from such inspection of it you suspected it, tell us what you did? - In consequence of such suspicion, the draught was shewn about to the different clerks, and it was shewn to Mr. Hollingsworth, then we sent down to Mr. Prescott's with a description of the person, then Mr. Smart came up to me on the

Thursday, and I went with Mr. Smart to the prisoner's house, but he was not at home, the next morning I saw him with Mr. Smart; Mr. Smart turned round and asked me if that was the man that brought the draught, I said he was, and I was sorry to say it; we had a post-chaise waiting at a little distance, and I went with him, Mr. Smart came with me and the prisoner, we came to Threadneedle-street, we took him into the office; Mr. George William Prescott came into the office, and asked him what he had done with the property.

Mr. Silvester. Had you any further conversation with the prisoner? - The prisoner asked me when I was alone, whether Mr. Prescott was angry, I told him I did not chuse to have any thing to say, and declined giving him an answer; when he came to town Mr. Prescott asked him what he had done with the property that he received from us, to the best of my recollection those were the words; the prisoner put his hand into his pocket, and pulled out a little pocket-book, and delivered a 30 l. note into Mr. George William Prescott 's hand, I was in the room, he did not say anything; Mr. Prescott asked him, what he had done with the other note, in answer to that he said, he passed the 15 l. banknote to Mr. Carrington Bowles, in St. Paul's church-yard.

Mr. Garrow. The 25th of July was Monday? - Yes.

The prisoner was from home when you went on Thursday? - Yes.

What time might that be? - About eight.

What message was left for him? - I do not know.

What time did you go the next morning? - Between ten and eleven.

That was on Friday? - Yes.

So that from Monday to Friday this note had been in his possession? - Yes.

I believe in that part of the world it is very well known, that Mr. Smart is the agent for Mr. Prescott? - I do not know it.

What was the date of the draught? - It was the 18th of July, a week back.

It was payable to bearer? - It was payable to Geo rge Scott or bearer, payable on being presented.

Those in general I believe are presented the day, or the day after? - It is most common, but not general.

A man coming at the distance of a week then would not be less a subject of observation? - We do not pay great regard to dates, unless they are dated forward, if they are backward we do not.

But in order to know that, you must look at them you know? - Yes.

How many of you had looked at it? - Three, Mr. Clayton, Mr. Woodhouse, and myself, Mr. Woodhouse is the head cashier, we supposed the signature to be Mr. Prescott's hand-writing.

If that draught had been tendered to you at York, would you have believed it to be Mr. Prescott's hand writing? - I think I should the signature.

Whilst you was in the chaise the prisoner asked you if Mr. Prescott was angry? - Yes.

Had he been told the draught was a forged one? - I was not present when Mr. Smart went with the prisoner.

It was after that? - Yes.

Court to Foster. Was this draught advertised publicly at all? - No Sir.

- SMART sworn.

I am agent and steward of the courts to Mr. Prescott, but not land steward; I was at dinner when the description of forgery came in, I went to town, and in consequence of that, and of what I heard in town, I went to Edmonton to the prisoner's house.

What is the prisoner? - He is a school master, he served his time with Mr. Draper, master of the free-school there; Mr. Prescott is acting magistrate there: when I went to the prisoner's house in the evening, I asked his wife if he was at home, she said no, he was gone to Mr. Flacks; there was a house between that and Mr. Flack's, which I thought he sometimes used, he was not there, we returned and went there the

next morning, and as soon as I saw him, I said Banning, how could you be guilty of this forgery on Mr. Prescott, you must go with me to London, he positively denied it.

Court. Recollect in what terms as near as you can? - He said he had done no such thing, or he knew nothing about it, or words to that effect.

Did you tell him what it was that had been forged on Mr. Prescott? - I hold him it was in vain to deny it, it was for fifty guineas, and that one of Mr. Prescott's clerks was at the door waiting to identify his person.

What answer did he make to that? - None, I then put my hand upon his collar, and led him to the door, and beckoned to Mr. Foster, and asked him if he knew that man, he said he was but too sure.

Is that the man the money was paid to? - Yes.

Court. I observed there is an expression you and Mr. Foster both use, that he was but too sure, what did he mean by that? - I believe no otherwise than that he was sorry any man should be guilty of any such offence, I believe only general tenderness; The prisoner then asked leave to discharge the children from school, and to clean himself, which I permitted; I went up stairs while he discharged the school, and put on a pair of shoes, instead of a pair of slippers which he had on before, he then came down stairs, and as we went to the post chaise, I taxed him with having copied it from a warrant, signed by Mr. Prescott, the only answer he gave me was, was not Mr. Prescott very angry when he found it out, was there no way of getting through it, them were the words, or very near them; we then reached the chaise, and I handed him into the chaise, and put Mr. Foster with him, and no other conversation passed till we came to Mr. Prescott's banking-house in London, there Mr. George William Prescott asked him what he had done with the notes, or what he had done with the property, he put his hand into his pocket, and took out a pocket book, and delivered a 30 l. note to Mr. George William Prescott ; Mr. Prescott immediately handed it over to me, I went into the other room to compare it with the number in the book, I have the notes and books all here.

Did the number correspond? - We found it did not, there was nines instead of sevens.

Which book did you compare it with? - I cannot say.

Mr. Silvester to Clayton. Was you present? - It was compared with my book, the number in the two books is mine, it is entered in Mr. Atkinson's book, the note was 7479, the book was 7477, on finding a difference, the other book was immediately looked into, and the two books agreed, upon which I took up the note and saw the alteration; then on returning into the room again, I, or Mr. Prescott, asked what he had done with the other note, he said he had paid it away to Mr. Bowles; I asked him what Mr. Bowles, he replied, Mr. Bowles print-seller in St. Paul's Church Yard; he was then taken to Guildhall and committed; I then went to Mr. Bowles, and on looking into a large bundle of notes, I found the note of 15 l. which I instantly saw had been altered.

In what particular? - By altering it from 2476 to 2496, I carried Mr. Bowles another 15 l. note, and he gave me that which is now in my possession; this is the note that I found at Mr. Bowles's.

Mr. Silvester. Did you compare that with the book? - Yes, upon our return the number was 2476.

How long have you been acquainted with Mr. Prescott? - I have done business for him for seventeen or eighteen years, I cannot say which.

Mr. Silvester to Mr. Clayton. Look at that draught? - This is the draught I received from the prisoner, this note has two marks, the one has the initials of the person's name that gave it me, W. for Woodhouse, and C. L. for clearing book, where I had it from, I am perfectly clear it is the note I marked, and the note I received.

Mr. Garrow to Clayton. When draughts are paid in the paying hours what becomes of them? - We file them directly we pass,

three times in a day we clear the file, we take off the draughts and put them in another place.

You take them off, post them, and deposite them somewhere else? - Yes.

Have you often seen Mr. Prescott write? - I have seen many hundreds of his draughts.

Look at that hand-writing? - I do, the body bears no similarity at all to his hand writing, the signature bears a distant one, he has a method of writing rounder with his Grat the bottom, and the turn at the end of Prescott commonly goes the contrary way; if this had been offered to me as one of Mr. Prescott's draughts I should have immediately stopped it.

(The draught read.)

"July 18th 1785. Mess. Prescott, and

"Co. pay George Scott or bearer, fifty-two

"pounds ten shillings. George Prescott .

"52 l. 10 s."

Court. What is the ten, figures or letters? - Figures in the body. (The draughts shewn to the Court. The bank note read, No. 7479) I know this note by two marks, the name of Dimsdale is wrote upon it before it was paid that very night, I am sure this note was paid to the prisoner, I am sure as far as any circumstance can go, I believe this very note was paid to the prisoner; the clearing clerk writes on all the notes that he receives.

Was this one of the notes that he brought home that evening, do you recollect that the note you paid to the prisoner, had the name of Dimsdale on it? - I do not.

Can you, or any of you say, except from the comparison of numbers, that this is the note you gave to the prisoner? - I believe it to be the note by the number, and name of Dimsdale, I did not observe the name of Dimsdale upon it, when I gave it the prisoner.

Then from the number, and from the number only, you believe that to be the same note that you paid to the prisoner? - I do.

Mr. Garrow to Mr. Smart. It was not till Thursday you communicated your suspicions to anybody of this transaction? - No.

Had you heard any thing of the business before he told you? - No.

Do you know when he first heard of it? - Since the transaction it was that I had the information from him.

Only just tell me the day? - Not till the Thursday morning.

The prisoner's house is on the road from Theobald's to London? - I left a fictitious message.

What was it? What message did you leave with his wife? - That I called about Captain Peters's business.

Did the prisoner know you? - For many years, he certainly knew I was his attorney; I left word I would call as the next morning.

At what hour? - I believe about ten.

Did you then find the prisoner in his business? - His wife called him out of the school to me.

Then you found him in his business? - Yes.

You described him in his slippers? - Yes.

Not in the dress of a man going to fly? - Not in the least.

He came to you directly? - Yes.

He came with you willingly? - Yes, he shifted his coat in the room above stairs, and I staid in the adjoining room.

Was anybody in the room above stairs where he shifted? - Only his wife.

Did you search his wife? - Certainly not.

Did you take her to London? - No.

If she had had any property given her she might have concealed it? - Yes.

She might have burnt it? - Yes. When we came to London he delivered me that bank note, as I before stated.

Then instead of being put under his bed, given to his wife, thrown out of the window, or put down his throat, he carried it to London? - He certainly did.

When he came to Mr. Prescott's house he instantly produced the one, and directed

Now I ask you this, what are the sort of instruments which you have been accustomed to see Mr. Prescott sign? - I have seen him sign letters, deeds, and draughts.

And abundance of other things, orders of removal, orders of bastardy, and the whole of Burn's Justice? - Yes.

How many hundreds of the one do you suppose for one of the draughts - I suppose I may say two thousand to one, of those in preference to draughts.

Now pray do not you know that Mr. Prescott adopto another character of handwriting in those instruments to what he uses in his draughts? - They are so much alike I cannot tell the difference.

I ask you, Sir, excluding from your mind all comparisons of hand-writing, whether looking at this draught you will venture to swear it is not Mr. Prescott's hand-writing? - I will venture to swear that I do not believe, nor that I should never believe, it to be his hand-writing.

Without any comparison of hand-writing? - I should have ventured to swear I did not believe it to be his hand-writing.

Will you venture to swear that Mr. Prescott uses precisely the same character of hand-writing in these instruments and in draughts? - I ask you whether there is any intentional difference? - I believe none; when I taxed him with copying his handwriting, then he denied it, and asked if Mr. Prescott was not angry.

Without offence one may ask whether Mr. Prescott would not be angry that any person should receive his money who had no right to it? - Mr. Garrow would in the same situation.

- ATKINSON sworn.

I am a clerk in Mr. Prescott's house, I never saw him write.

Look at these two bank notes? - Here is my hand-writing, Dimsdale and Co. on both; the 30 l. I am very particular in; I received it on the 25th of July, and the 15 l. appears from the book to be received on that day, but I am not so particular to one as the other, as I have omitted putting dates to them; I do not know to whom they were paid.

Mr. Garrow. I take it for granted you are what we call an out-door clerk? - No, I am not; I receive these in exchange of draughts, I received the 30 l. from a customer, it is customary in the clearing house to put a letter. I have very good reason to know it comes from there; after I bring home the bank notes, I give them to the clerk, and what becomes of them afterwards I know not.

JOHN RUSSELL sworn.

I have lived with Mr. Prescott upwards of twenty years; I am his land steward; I have often seen him write.

Look at that draught? - I do not believe it to be his hand writing, it differs in the G, in the first place, and in the flourish after the stroke across the T.

If you had seen that note any where else, should you have taken it to be Mr. Prescott's hand writing? - I should not.

Mr. Garrow. Whether, independent of all you have heard, upon a bare inspection, you would not have taken it to be his hand writing? - If the note had been tendered to me for money, I should not have given money for it, I should have looked to the signature of it, which I am so well acquainted with, and upon the inspection of it I should have been satisfied it was not.

Would you upon the bare abstract view of it have sworn that it was not his hand writing? - I certainly should.

Court to Clayton. Have there not been many thousand pounds of these draughts paid without objection? - Yes.

Court to Prisoner. Mr. Banning, do you wish to say anything to the Jury in your own defence before your councel calls your witnesses.

state to you what has passed between the banker's clerk and me just now, the two different notes appear to be entered without any dates, they are entered once in the clearing book when the clerk brings them in, then they are entered again in the book with the bills set down, the numbers correspond, and both entries are made, not one book from the other, but both from the notes themselves; so that it appears from the books scarcely possible that there could be a mistake in the figure in both the books.

JOHN COCK sworn.

I live at Edmonton, I have known the prisoner about twelve years.

What business does he follow? - He was an usher to the school; I knew him when he was apprentice to the school-master; I had two of my children at his house at the time he was apprehended; he had a very good character for honesty, was entrusted with parish affairs, and every thing of that kind.

JOHN BROWN sworn.

I live at Edmonton, I am a plumber and glazier, I have known him from a child down to this time; his general character has been a very good one, I have no children old enough to go to school, or else for any thing I know they would have gone there.

FRANCIS CARTER sworn.

I live in Moorfields, I am a surveyor, I have known him three years, he is a school master by profession, and lately he has taken upon him to write for painters; his character is a very good one for all I know.

BENJAMIN CARTER sworn.

I am a baker at Edmonton, I have known him fifteen or sixteen years, he bore a very good character.

RICHARD GOOD sworn.

I live in Bishopsgate-street, I am a stationer; I knew this young man two years, he dealt with me, I always took him to be a very honest character.

HENRY RICHARDSON sworn.

I live at Edmonton; I am a hair-dresser and shop-keeper; I have known him from his childhood upwards, he bore a general character.

- SKELTON sworn.

I have known him ten years, I have intrusted him to settle my books and affairs, and always found him very honest and just.

Court. It appears clearly that this was a man trusted as a man of good character.

GUILTY , Death .

He was humbly recommended by the Jury to his Majesty's mercy, having a wife and a very large family.

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850914-27

751. JOHN FRAY was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 11th of September last, with force and arms, at the parish of St. Pancrass, upon one Thomas Wakin , in the peace of God and our Lord the King then and there being, feloniously, wilfully, and of his malice aforethought, did make an assault; and that he the said John Fray , him the said Thomas Wakin in both his hands, did then and there take, and the said Thomas into a certain pond of water there situated, feloniously, wilfully, and of his malice aforethought, did cast and throw, by which means of casting the said Thomas, he the said Thomas was then and there suffocated and drowned, of which suffocating and drowning the said Thomas then and there instantly died; and so the jurors aforesaid say, that the said John Fray him the said Thomas Wakin did kill and murder .

The prisoner was also charged with the like murder on the coroner's inquisition.

On Sunday last about six in the afternoon, as I was going in Tottenham-court-road , I saw a mob of people, I went to enquire the matter, I went near the place, and I was informed that they were going to duck a pick-pocket, then I returned to inform my wife and a friend in the road of what was the matter.

Court. Was this assembly of people near any pond? - Yes.

Was it a large pond? - Yes, it has been gravel pits, and there is water in it, and my wife, and friend (the wife of another tradesman) crossed the road, and went to the north side of the pond, and when I came there I saw a boy about fifty or sixty yards distance in the water, about five or six yards from the shore, he appeared to be about sixteen or seventeen years old, he was above his middle in water when I first saw him, I left my wife and friend and went to the place where the boy was, and when I came near the place the boy was crying and holding up his hands, and begging that the people would give him leave to duck himself; just as I came to the pond side the boy took his hat off his head and flung it into the road near the pond where I stood, I thought he was going to duck himself, but he did not, he dipped himself down into the water.

Court. How high did the water come then when he dipped himself down? - As near as I can recollect about his navel or above his breast, he said he could not swim and begged they would give him leave to duck himself, and then somebody persuaded him to come out, he came out near the shore, an d some man, as the boy was coming out, in a blue coat, a genteel looking man, spoke to the boy and said a rash word, but what it was I do not recollect.

Court. Did he speak with warmth or how? - He spoke with warmth, and the boy as he came out came near where I was, and I had a hard matter to keep from being pushed in, he came so near to me, the prisoner at the bar says give me hold of him or give him to me, I cannot say which, I was so flurried.

Court. Where was the prisoner? - He stood by the side of the pond about five or six feet from me, he then took him by the side of the collar and the boy fell down and begged for mercy as he could not swim.

Court. How do you mean fell down on his knees, or how? - He tumbled down. The prisoner took hold of him by the thighs or some part of his body, I cannot say what and lifted him off the ground and threw him into the water, and as he threw him into the water, the boy holding fast by the prisoner pulled him in, they both went into the water together about a yard from the shore, or hardly so much, when they were both in the water, the boy either got loose from the man or they were severed from each other.

Not by any other persons assistance? - There was no body in the water but themselves; then the prisoner took the boy a second time and ducked him under the water.

Court. Had he hold of his hand then? - He had hold of some part of his body, his clothes, or something; then he gave him a push from him, and the boy went a couple of yards from him, swimming, as I thought; I then saw him struggling for about a minute at the top of the water. I never saw any body so near death, and I never saw him more.

Court. When the boy was struggling on the surface of the water, what did the prisoner do? - The prisoner was on the side of the water standing; a woman standing by me said, she was d - d if the boy was not drowned; I said to the people by me, I think it proper that the man who threw in the boy should be secured. I turned about, and saw the prisoner on the outside the people; I went up to him immediately, and took him fast by the collar; says I, you rascal, how dare you to drown the boy? He made some reply to me, but what, I really do not recollect; there were several people assisted me, but as the man had been in the water I was afraid of getting

myself wetted and dirtied, I let go of him; somebody laid hold of him; he was at the edge of the pond, and he went into the water; I saw him in the water, when he was in the water: I then left them, and went to my wife, that was about fifty yards off: what I am telling you now was what I omitted when I was examined before the coroner. I went to my wife, and told her that the boy was drowned; that I had taken hold of the man that threw the boy into the water by the collar, and that I would go and see whether the prisoner was secured; she begged I would not, but I did; when I came to the pond I saw the prisoner in the water, and a good way up to his middle; there were a couple of men stripped that were diving after the boy.

Court. Was the prisoner diving too? - No, Sir, he was not above his middle; he was standing about breast high in the water.

Did he offer to do any thing? - I did not see him.

For what purpose could he have got up to his middle in the water? - I cannot say; when I returned from my wife to the water I saw the prisoner in the water, but his purpose I do not know.

How far was he from the man? - About four or five yards; he did not return till he found he was out of the depth; where the man died was a very deep place, and where he stood was not deep.

How large is this pond? - A largish pond; it had been a gravel pit, it is now a pond, where boys go a bathing, and where they get logs and swim about.

From the circumstance, and your observation, what do you suppose was the purpose of the prisoner being in the water up to the middle? - I suppose he went to see if he could get the boy out; he went near the place where the boy went out, but when he found it was deep he returned; when the prisoner came out of the water the second time, somebody laid hold of him.

How long was that after you saw him the last time? - About a couple of minutes; I went and looked at him, to see that it was the same person, and then I left him.

Court. Are you sure the prisoner is the same person? - I really believe he is the same man.

Can you be positive? - He has the same dress, and the same appearance.

The question is, whether he is the same man? - I really believe he is the same man, I have no reason in the world to doubt it is the same person.

What number of people do you suppose might be assembled about this pond? - Near the place where I was there might be one hundred; but there were people all round; a great concourse of people.

The charge against the boy was, that he had picked some body's pocket. - Yes, Sir; I was not there at the first.

Did you hear the boy say any thing about that? - No, Sir, only the boy was begging for mercy.

Prisoner. Did not you see the boy and me down together? - Yes, I did, when he first threw him into the pond.

Did not you see me follow the boy, and then, says I, my good Sir, I cannot swim, I went out of my depth? - I never heard him say any such thing, but I saw him, I suppose that was twenty minutes after I lost sight of the boy.

But you staid talking with your wife some time, and telling her you had collared the man, then you went back to see the man again, and then it was you saw him so deep in the water? - Yes.

Court to Jury. You see, gentlemen, he did not see him go into the water the second time, but when he returned he was in the water.

JOHN ELLIOTT sworn.

What did you see of this unfortunate business? - I was coming up Tottenham-Court Road between five and six last Sunday afternoon, and I saw a mob with a pickpocket, and I went up to the water, and I saw a boy, I knew him very well; he used to draw beer.

How many people were there? - Nigh upon a thousand people; I knew the boy, and I called to him.

How far in? - In, I suppose, five or six yards from the shore, and I called to him; says I, Tom, Tom Wadham , and I said, come out, nobody shall hurt you in the world; he was a long while before he could see me, but when he could see me he made to me, and came to the shore-side to me; some gentlemen says to me, as I was catching hold of the boy's hand, oh! this is some fellow of yours, so I turned round to look at him, and the boy just caught hold of my hand, and the prisoner then came and catched him out of my hand, and he said, come here, my man, says he, I will take care of you; as soon as ever he caught hold of him, the boy fell a screaming, and he took him under the hams, and by the collar, and threw him into the pond; afterwards, whether the prisoner did go in himself, or whether some body pushed him in, I cannot say.

How far did he throw the boy in? - I suppose a yard, or a yard and a half, or thereabouts.

Then the prisoner was in the water himself? - Yes.

But whether he went in, or was pushed in, you cannot say? - I cannot; then the people that were there said, why do not you follow him? the poor little fellow is sinking, the boy is drowning, the boy is drowning; the people hallooed out all to the prisoner, what is the reason you do not catch hold of him? and he made answer, I cannot swim, I cannot swim; the boy struggled greatly, and then two men began to dive after him.

How far did the prisoner go in, do you imagine? - I suppose about five or six yards

Did you see the prisoner come back? - Yes.

Did it appear to you that the prisoner went as far as he could for the depth of the water? - No, I imagine not, he was much about breast high, and he cried out to the mob of people that he could not swim.

Do not you think that the prisoner meant to use his best endeavour to save the boy? - I did not see him make any offer to plunge in after him.

Court. I think, when a man has got as high as you point out, unless he can swim he must necessarily be drowned himself, do not you think so? - I do not think but the man would, if he could get at him in his own safety, but he was afraid of his own life to go after him.

Jury. Are you of opinion that the man exerted himself to the utmost to save the boy? - He never went any otherwise than breast high.

Court. Do you think that the man would have saved the boy if he could? - I do imagine he would, if he could, if it lay in his power.

Did you see the boy taken out? - No, Sir; when he came out of the pond it was in Squire Mortimer's field; and when we had taken hold of the prisoner we secured him.

Did you see the boy taken out? - No, I saw him the next day.

Jury. Was the boy upon the water when the prisoner went in after him or had he sunk? - They were in both together after he threw this boy in, he was in.

Was that declaration that he could not swim, before the boy had sunk or after? - After.

How long after? - About half a minute, the boy was in first, but he was down directly after him.

Prisoner. Did not I pull off my jacket immediately as I was pulled in the water and go after the boy immediately? - Yes, you did pull your jacket off, and went as far as you could go.

Prisoner. The boy's hair and his head were above water, as far as his eyes.

Court. Pray is the pond a level pond or an unequal pond? - It is very unequal.

Jury. Where did the man take off his jacket, when he was in the water or at shore? - I saw him without his jacket, but where it was I cannot swear.

I was walking along Tothenham-court-road, and they said there was a thief, I went to the pond, and I laid hold of the boy, there were a great quantity of people there.

Were they charging him as a pick pocket? - Yes, I told the mob the consequence of the pond, that it was a deep place, but that I would take the boy into custody, and take him to a Justice.

What are you? - I am a watchman; and a man who has been a constable belonging to Marybone, one Thomas Young , said, you ought to be ducked as well as the boy, and I expected it; with that the mob forced him away from me, and my coat was torn in trying to save him, they forced the boy from me and took him into the pond.

Who did? - It was a man in a blue coat, a good creditable sort of a man, but who he was I cannot say.

How did he put him into the pond? - They forced him into the pond, I was glad to get away from the pond for fear of being ducked myself, I went away a little distance from the pond, and I saw the last witness go and call to the boy, he said, young Wadham come out; the boy was close to the pond side, and Elliott had hold of the boy, and with that the prisoner at the bar took him out of his hands, and chucked him into the pond, he caught hold of him and flung him in by main force; after the boy sunk, the prisoner who stood by me, took off his jacket, and went into the pond with intent to save him, he told the mob he could not swim.

Jury. Was it after the boy sunk or before? - The boy was sunk, the prisoner went about breast high, and he told the mob that he could not swim.

Did he go in as far as he could, without losing his own life? - I cannot say but what he did.

Did other persons go in? - There were two or three more went in.

They could swim could they? - They could swim.

Did they dive after the boy? - They did.

When was the boy taken out? - I do not know, I took care of the prisoner, and when I came back he was taken out, I believe it was three quarters of an hour.

Jury. You said in the beginning of your evidence, that you told the people the water was very deep? - I did.

You are sure of that? - Yes.

Do you apprehend the prisoner heard you? - I do not know that he did, there were such a quantity of people that I was affraid of being ducked myself, but I am sure I did say so.

Court to Prisoner. Have you anything to offer on your behalf to the Jury?

Prisoner. Mr. Errington who keeps Kilburne-wells knows me, and Sir George Rodney would give me a character, but I cannot write, and I could not get anybody to write for me.

WILLIAM LEICESTER sworn.

I am come voluntarily of my own accord to give evidence of what I saw of the matter, being there present; I was going up Tottenham-court-road, on Sunday evening about six o'clock, and opposite to Midford-place I saw a mob, I went to see what was the matter, and among the mob I met with a Mr. Gascoine, who lives in Monmouth-street, who I knew very well; he told me that two men had been fighting, and that it was over on account of a boy having picked a pocket, and they were going to duck him; I went close to the side of the pond, and I saw the boy forced into the pond by a gentleman in blue, whom I supposed to be the gentleman that had his pocket picked, the mob hallooed out to the boy to duck himself, and the boy begged and prayed, and desired that he might not be ducked; and said, he had rather be whipped, or anything rather than be ducked; upon which he drew backwards to the pond, the length I suppose of five or six yards, he made an attempt to duck himself, but never ducked himself higher than his shoulders; this man Elliot called out to him, then he came out, and when he came to the bank of the pond, somebody put their hand to him, I saw a hand put out, but whose it was I cannot say; upon which several of the mob cried out he had not been ducked half enough, and one man swore he ought to be ducked over head and ears; the prisoner

at the her took him by the collar of the coat, and the waisthand of his breeches, as nearly as I can recollect, in order to throw him in; the boy clung to him, and went in with him; the boy, almost instantly as he was in; I look upon it he was not above two yards from the shore, he began instantly to sink, I suppose it to be from the weight of his clothes; several cried out that the boy was drowning; upon which the prisoner pulled off his jacket, and the prisoner and several people used their best efforts to save the boy.

How nigh did he go? - He went so high at one time, I could but just see one of his shoulders; there was a boy floating about in the pond upon two large pieces of timber, like a Saint Andrew's cross, and he came so near to the place where the boy sunk, that I had my apprehensions whether this timber might hinder the boy from rising; they were very large timbers, almost as long as that table each of them.

Court. From what you observed upon this occasion, you have no conception of any intention in the prisoner to destroy this boy? - Not in the least, I look upon it in no other light, than he was the dupe of the mob.

Did the prisoner know of your coming? - No, Sir, not in the least; I live with Mr. Croft, a silk mercer in Fleet-street, and I told him I should be glad to come, and he gave me leave; I sent my direction to the prisoner this morning, and desired I might be sent for when his trial came on.

Jury. We have heard nothing from any of the other witnesses, respecting this cross piece of timber.

Elliot. I cannot discern it was nigh the boy, it was further off than from here to the window.

Jury to Wallis. Did you see the piece of timber? - I saw it, but it was at a distance, the mob hallooed to the boy to come out.

Court to Jury. Gentlemen, in order to direct your attention to the evidence, it may not be improper for me to make an observation previous to the summing it up; which observation I have stated to my learned brother, and the Recorder, and they concur with me. Gentlemen, this common error of punishing pickpockets by ducking, is a thing that happens, we all know, very frequently; certainly speaking in general upon the subject, it is never accompanied with an intention of the parties acting in it of taking away the life of the offender; according to the course of the law of this country, certainly such a procedure is not strictly justisiable; the constitution of this country has provided a punishment for such offenders, which is to be inflicted on them if they are guilty, upon conviction, in the ordinary course of justice; but yet, gentlemen, we are to consider, that we are men, and that the law gives some indulgence to the infirmities of human nature; and it is in common experience before you all, where certain provocations are given, and a man is stain on those provocations, the law indulges the infirmities and imbecilities of human nature, and allows a jury, from that provocation, to reduce the crime of murder to manslaughter; and I should conceive, in a case like the present, that although by no means it would be a strict justification of the prisoner, yet, it is competent to the jury, taking the circumstances of the case into their consideration, and seeing that there was no particular malevolence or design to destroy the person, to admit that consideration to mitigate the charge, and to reduce it from murder to manslaughter: gentlemen, that is the general idea that I entertain upon a subject of this kind, and in these sentiments my learned brother, and my friend Mr. Recorder, concur: I will therefore now state the evidence: [Here the learned Judge summed up the evidence, and then added] This is an observation which, I think, may be made, that, at least, speaking for myself, this is the first instance that ever I knew of so unfortunate an event following the punishment of ducking; so that you must see there has not been any precedent to give a caution to those people that act upon the sudden effort of passion from the detestation of this business

of picking pockets; there has not been any occasion for any precedent to put people on their guard: I did at the onset take notice to you of the indulgence of the law to the infirmities of human nature, and it does seem clear to me upon this occasion, and the witnesses seem to speak very plainly and evidently, as well as what the last witness concluded with, that the prisoner had no ill intention or malevolence whatsoever; I should therefore think, gentlemen, that you will be well warranted, if you see it in that light, to reduce and mitigate this charge against the prisoner from murder to manslaughter; but if you think that the man had a diabolical intention to destroy one of his Majesty's subjects, (whether he had any personal enmity against him or not, does not signify) then you will find him guilty of murder, but I cannot see any ground to raise such an inference from this evidence, but if you do, you will find him guilty ge nerally upon this indictment.

I live in Titchfield-street ; I have at many times lost things out of my and in particular some time in August, I think on the 13th, and I took out a warrant against the prisoners; I said to the prisoner Gee, Mary, I have lost a damask napkin, and nobody can have it but you, or by your knowledge; she said, she was very sorry, and could not think how it could go; the bureau was in the middle room; I always gave her the key of my room whenever I went out; I never went out but if I left a neckcloth it was gone; I began to suspect Mary Gee , who was frequently drunk, and by the advice of my friends I took out a warrant against her who was my servant; I told her, if she would tell me where the things were I would redeem them, but she never informed me; the other prisoner lived servant up stairs, and she having pawned her mistress's things; I came at the knowledge of my own; I found them at Mr. Jones's, a pawnbroker.

Did you ever get any of your things from there? - Yes, some pillow cases, and several other things.

THOMAS JONES sworn.

Do you know the prisoner Mary Gee ? - Yes, she used our house for these five months past.

What did she pawn at your shop? - A waistcoat, fifteen pillow cases, a tablecloth, three napkins, seven towels, and sundry other things.

Were they all pledged separately by Mary Gee ? - No, some by Alice Frizen ; they were all pledged in the name of Ann Dyer ; Gee came as often as the other, but I cannot swear to any thing that she pledged but that handkerchief; they said it was one and the same thing; I thought her name was Ann Dyer then; they never pledged but one thing at a time from February to August.

Prosecutor. There is no mark on the linen, they are mine and nobody's else.

house, and I have frequently seen his maid very much in liquor, that is the prisoner Gee, and on one day I saw her take down the key and open the closet door where he kept his liquors, but where she got the key from I do not know, and she took out a bottle with liquor, and put it there again and locked the door, but what she did with the key I do not know.

Prosecutor. This false key I found in my cellar wrapped in the tail of a woman's gown, and put under a pail, I have tried it, and it opens all the drawers of my bureau but the top, the top being the mother key it will not open that.

Prisoner Gee. When I was hired to Mr. Pritchett, I was informed he was a broker and auctioneer, then I found he got his living by giving false characters to servants, to get them into houses to rob their masters and mistresses, and things are brought to his house; that woman is his daughter in law, and her mother is his wife.

Prisoner Frizen. What Jones has sworn against me is false.

RICHARD GETLING sworn.

I have known Mary Gee for eight, nine, or ten years, she has lived with me at different times, and always behaved very honestly.

MARY WATTON sworn.

I am a watch-maker's wife, I come to speak for Alice Frizen , I have known her almost three years, a very good character as far as I know of her, here was another gentleman with me, but he is lost in the croud.

Court to Jury. Gentlemen, these things to make it a capital offence, must be all taken at one time.

MARY GEE ,

GUILTY, Of stealing to the value of 39 s.

To be privately whipped and discharged.

ALICE FRIZEN , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Justice ASHURST.

Reference Number: t17850914-29

753. JOHN BLOMBERG was indicted for feloniously stealing, on the 24th of August , one man's linen shirt, value 8 s. the property of Roger Evans , John Evans , and William Evans , privily in their shop .

WILLIAM EVANS sworn.

I live at Wapping.

Who are you in partnership with? - Roger and John Evans , on the 24th of August last, the prisoner came in to look at some white shirts, I shewed him two papers of plain ones, he then wished to look at some ruffled ones; while our young man Thomas Edwards was opening a paper to shew him some, and I was making up a parcel which could not take me more than half a minute, I turned round, when I came to look at the prisoner, he had a shirt under his waistcoat, and I saw the mark hanging to the tail of it, which hung behind his waistcoat, as soon as he saw my eyes fixed on the shirt, he immediately ran out of the shop, I desired Thomas Edwards to pursue him.

THOMAS EDWARDS sworn.

On the 24th of August, between seven and eight, the prisoner came into our shop and desired to see some white shirts, I shewed him two papers, he then desired to see some ruffled ones, I shewed him some, he then asked the price, and immediately ran out of the shop; Mr. Evans said, he had a shirt under his coat, and desired me to pursue him which I did, and overtook him, he ran about thirty yards, and one of the witnesses attempted to seize him, but he immediately struck him down, he ran a few yards further, and seeing another man ready to seize him, threw the shirt from him, I saw the shirt taken up and delivered to Mr. Evans, it was given to Mr. William Evans by a stranger.

(The shirt produced and sworn to value 8 s.)

WILLIAM SAUNDERS sworn.

Between seven and eight I heard the cry of stop thief! at Mr. Evans's door, I turned round and saw a man run up to me.

As I was coming from my work between seven and eight, I saw the prisoner and seized him, I never quitted him till I brought him to the prosecutor's shop.

The Prisoner called six witnesses who gave him a very good character.

Mr. Garrow. Did you search this man when he was taken? - No.

Do you know whether he had any money in his pocket when he was taken? - I cannot tell.

GUILTY, 4 s. 10 d.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice ASHURST.

Reference Number: t17850914-30

754. TIMOTHY BRYAN was indicted for that he, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, on the 25th day of September last, in and upon one Francis Weeden , in the peace of God and our Lord the King then and there being, feloniously, willfully, and of his malice aforethought, did make an assault, and with both his hands and feet, him the said Francis, in and upon the head, breast, belly, stomach, back, loins, and sides, of the said Francis, divers times did strike, beat, and kick, and him did to and against the ground divers times, cast and throw, giving him as well by the said striking, beating, and kicking, in and upon the head, breast, belly, stomach, back, loins, and sides of the said Francis, divers mortal bruises, of which he lingered till the 4th of October last, and on the 4th of October last, the said Francis of the mortal bruises aforesaid did die, and so the Jurors say, that the said Timothy him the said Francis in manner and form aforesaid, did kill and murder .

He was also charged on the Coroner's inquisition, with feloniously killing and slaying the said Francis.

Owen. My Lord, the prisoner says, he is newly come from Ireland, and does not understand English well enough to know what the witnesses say against him.

Court. Why he pleaded not guilty.

Mr. Justice Gould. Ask him from what part of Ireland he comes? - From the county of Corke.

Mr. Baron Hotham . Prisoner, do not you understand English at all? - Not one word in ten.

Jury. He fully understands to give your Lordship a very proper answer.

Court. I fancy you may go on.

Court to Prisoner. You will attend to what the witnesses say, and where you do not understand what they say, apply to me and I will tell you.

NICHOLAS WEEDEN sworn.

The prisoner and the deceased, and some more were sitting in a box, I do not know what day of the month it was.

What month? - I cannot tell.

How long ago? - About ten or eleven months ago.

Where were you sitting? - At the sign of the Crown, Wapping-wall, Shadwell ; and as the deceased was going over the table, he laid his hand on a half pint pot, and his foot slipped, and it came close to the prisoner.

Was it spilt upon the prisoner? - No, it was not spilt, there was nothing in it, with that, says the prisoner at the bar, if you knock my brains out, what will become of you; says the other, it did not go near you, with that the prisoner said, he had a great mind to strike him, and he got out of the box and made an offer at the deceased, that is he made the offer at him, and Francis Weeden struck him down the eye, with that the prisoner laid hold of him, and hit him against the table, and

broke the side of the table, and his neck and shoulders came against the coal box; then he was taken and stretched on a table, he could not move, and was carried up stairs, he was very bad all night, he was taken to his brother's house the next day, and on Tuesday after he was brought to the Hospital, and he died there.

Court. How long had you been drinking there together? - About an hour.

Were the deceased and the prisoner sober, or were they in liquor? - They had been both in liquor.

Were they both ship mates? - Yes, both worked together till this accident of the pot falling down.

Had they been good friends? - They disputed about one halfpenny at first, and they made it up afterward, and they had no words at the time at all, the deceased man said, he lent him seven-pence, and they disputed about the halfpenny.

Court. Prisoner, if you wish to ask that good man anything, ask him anything that you please; ask him in Irish? (He answered in Irish.)

Court. What is that.

A Witness. He says, he is affraid of his life.

PETER SWINNEY sworn.

Was you present at the time? - Yes, my Lord, from first to last, they went to the public house, the whole kitt of them, they got drunk, they were as well united as any men in the world during the time, we collected five shillings of a Saturday night for settling money, in collecting the money this man lent the deceased seven-pence, the little fellow the deceased man took a pint pot in his hand, and threw it all down whether he went to strike this man or no I cannot say, but he chucked it into this man's breast, then says the prisoner you may as well knock my life out, and he hit him just over his eye, and gave the prisoner a black eye, the prisoner laid hold of him, and they both came against the table and fell, I never saw the prisoner give the deceased a blow.

Court. It is impossible to make it murder, it must be manslaughte.

GUILTY

Manslaughter.

To be fined 1 s. and discharged.

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-31

755. WILLIAM HUGHES was indicted for that he, on the 2d day of September , upon Edmund Lechmere , Esq ; in the peace of God and our Lord the King, then and there being, feloniously did make an assault, and did then and there in a forcible and violent manner, unlawfully, willfully, and feloniously demand the money of the said Edmund, with intent to steal the same against the peace .

EDMUND LECHMERE , Esq; sworn.

I live in Brunswick-row, Queen-square, and I was returning home in a hackney coach, at one o'clock on the morning of Monday the 2d of September; the coach was going pretty fast, and it stopped so suddenly, that I thought some accident had happened, or that one of the horses had fallen, I was on the left hand corner of the coach, and was just going to let down that window to ask the coachman if anything was the matter, when that instant the right hand door opened, and two men rushed in at the door, and one of them put his right-hand against me, and both of them at the same instant, said, your watch and your money, quick, Sir; quick, be quick! they repeated it several times; the other man who afterwards made his escape, a much shorter man than the prisoner, seeing he had an instrument in his hand, I could not tell what it was, I put my hand into my breeches pocket, where I had some gold and some loose silver, when at that very instant to my great surprise both the men who demanded my money vanished from the door; I heard a voice say with some expression that I cannot recollect,

or mention, what do you stop my coach for, and about the distance of five yards, I saw two men struggling together; it was extremely dark, and I got out of the coach as fast as possible, the coach door was put too again, when I came up to the spot, the coachman said master, I have got one of them, but the other has made his escape; when I came up, I found the coachman and prisoner struggling together; it occurred to me at that very instant, from a manoceure of the prisoner as he was turning himself, that he meant to make his escape by pulling off his coat; I had no arms, nor a stick, I struck him with my fist, and he fell backwards, and I then seized him by the collar, and held him down and called out watch, and it was some minutes before the watchmen came, but when they did come up, they explained the circumstance of their not coming up immediately, for they were calling the hour, and were at a distant end of the street, and when they did come up, I will do them the justice to say, they used every attention and zeal in taking the man; the coachman was so active, that he left his coach and horses without any person on earth to take care of them, because he would secure him; the man was taken to the watch-house, he had no arms of any kind about him, he had not a knife at all; this is the whole of what I have to say, but I think in justice, I must add this, that he made use of no abusive imprecations whatever, or dreadful expressions of any sort, and he had no weapons about him of any sort; it would have been impossible if we had not secured this man at the instant, that I could ever have recollected their features, for I was coming by the rails of Bloomsbury Square, to Queen's Square, and they were with their backs to the lamps, therefore I could not see their faces.

CHARLES CUNNINGHAM sworn.

I was going across Queen Square, with that gentleman home, and I saw two men running after the coach, and they hallooed out stop, stop, just as I came to the corner of Bloomsbury Square I stopped, and one of them says, damn you, stop this minute, I replied to the man, damn you, what do you want to stop my coach for? and I immediately jumped off my box; the other made off, and I caught this man at the coach door; I heard the prisoner demand the gentleman's watch and money.

Court. How do you know it was him? - Because nobody else was nigh but him; I laid hold of the prisoner, and got him down, and in a short time the gentleman came.

- PAYNE sworn.

I was crying the hour of one, in Southampton-street, Bloomsbury, I heard the cry of watch, watch, when I came up, I took hold of the prisoner, he was down on his backside, and as I took hold of him, the gentleman and the coachman both told me they had been stopped, and the coach door was opened by the prisoner at the bar, and the prisoner demanded his watch and money, and he told him to deliver it quick; I never quitted him till I took him to the watch-house.

THOMAS FLOWER sworn.

I heard the cry of watch, watch, I took the prisoner, I never quitted him till he came to the watch-house; we searched him, there was nothing about him but 5 s. 6 d. in money.

PRISONER's DEFENCE.

I live in the neighbourhood of Liquorpond-street, and coming along Bloomsbury Square, I was a little in liquor, and I went against the rails, the coach stopped opposite to me, as I turned the corner of the square the coachman ran after me, and struck me with the side of his whip.

Court. Did the prisoner appear to be drunk? - I cannot say he did.

WILLIAM CROPFORD sworn.

I have known the prisoner ever since he was six or seven years old, he was a fishmonger, and his father died and left him a good deal of money.

How long has he been a fishmonger? - Two or three years, I have not known him

these two or three years particularly, I always thought he lived upon what his father left him; I have had dealings with him, I keep a shop at Temple Bar, I took him to be a very honest young fellow.

SAMUEL OTTER sworn.

I have known him between four and five years, I have not known him these two or three last years, I never knew a dishonest thing by him in my life.

WILLIAM HARRISON sworn.

I have known him ten years, a very honest, just man, I have not seen him some time, I do not know what he follows now, I thought he was independent, his father left him a great deal of money.

Jury. Where did he live at the time he was taken up? - I do not know, I saw him a week before.

How long before that? - I cannot rightly say.

JOHN HENSHAW sworn.

I have known him about fourteen years, I lived at the next door to his father, he bore a very honest character to the best of my knowledge, I never knew any other of him; of late years I cannot say I know so much of him, he has left our neighbourhood about two years, his father was rather opulent, and left him a good deal of money.

CHARLES ALLEN sworn.

Before the prisoner's uncle died, in his illness he got me to market for him, and he did sell a deal of fish, he took to the business himself, I thought he had a sufficiency to live on; while I knew him no man in the world bore a better character, as punctual and as upright as the day.

DAVID DAVIS sworn.

I have known him this fourteen years, he lived next door, and during the time I knew him, he bore a very good character, within these two or three last years, I have not had much acquaintance with him.

Court to Coachman. The Court is extremely well satisfied with your behaviour, and also with the watchman, therefore if you go to the officer, you will have a liberal allowance.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-32

756. SAMUEL LOVEL was indicted for feloniously stealing, on the 4th day of July last, twenty-eight pounds weight of barley sugar, value 20 s. the property of a person unknown.

WILLIAM DENNETT sworn.

I am constable, at half after three o'clock in the morning, I saw the prisoner coming with the sugar, and I stopped him.

What did he say? - He said, he got it by sweeping the lighter he had been working on board of.

Prisoner. I told the watchman I was going to carry the sugar to the Captain.

JOSEPH FENNELL sworn.

This watchman brought him up to the watch-house, I asked him how he came be it? - He said out of the lighter he had been at work on board of.

Did you go with it to the Captain? - I did, but not with the prisoner.

Then you cannot say any thing which the Captain said.

Court. Then I cannot put the prisoner upon his defence.

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850914-33

757. CORNELIUS COLLINS was indicted for feloniously stealing, on the 4th day of August , one iron grate, value 2 s. one iron bar, value 2 d. belonging to the Right Honourable Henry Earl of Uxbridge , then and there fixed to a certain dwelling house of the said Earl, against the statute .

JOHN VARDY , Esq; sworn.

I have the direction of the works carrying on for the Earl of Uxbridge in Burlington-gardens, Vigo-lane ; my Lord Uxbridge has a house in Burlington-gardens, we had missed several pieces of lead, and other things, and I happened to be there, I think, on the 4th of August, at four in the afternoon, I was informed a man was carrying a grate, and while I was talking about it, the people said he was coming back, I desired him to be brought into the house; while I was talking, I on a sudden missed the man, he had got into the back-yard, and was walking away, not running; I called him, but he did not stop; I went out and seized him by the collar, and brought him in.

Was that the prisoner? - To the best of my recollection, and to the best of my belief he is, I will not swear positively that he is the man, the man was committed; the prisoner took us to a man that lived in Carnaby-street, one Crook, where he had sold it at a penny a pound.

Mr. James, Prisoner's Council. Then the prisoner went voluntarily and shewed you where the grate was? - Yes.

Did you happen to observe, Sir, whether the prisoner was intoxicated or not? - He did not appear to be much intoxicated, there was a sort of stupidity about him; it was an old grate, and had been mended.

Court. Describe the situation of this grate? - There is a plate under the grate, it is under the street.

Mr. Justice Gould. Do you know who was at the expence of putting this grate there? - A person that belonged to the Duke of Queensborough.

JOHN CROOK sworn.

I am a smith, I live in Carnaby-street, my wife bought the grate, I was not at home.

ANN CROOKE sworn.

The prisoner brought a grate, and an iron bar to our house, the 4th or 5th of August; he said, here is a bit of old iron for you mistress; I put it into the scales and weighed it, we buy old iron, it weighed thirty-seven pounds, I gave him three shillings and one penny for it.

Did he say how he came by it? - No, nor I had not the presence of mind to ask him, because he brought it in open daylight on his head.

(The grate produced by John Crooke .)

This is the grate, I always buy every thing in open day-light.

Court. But then you see, from this instance, how necessary it is to distrust a little.

JAMES ROBJOHN sworn.

I fixed this iron at the front of Queensborough-house about May last, by the orders of the Duke of Queensborough's servants, I know it to be the same iron.

ANDREW MORLEY sworn.

I saw the prisoner go down Cork-street with this grate on his head, on Thursday, which was the day on which it was missed; it wanted about ten minutes of six; I cannot say he was sober, he was rather in liquor.

JAMES THOMPSON sworn.

When we went before Justice Hyde, he desired me to take the dimensions of this grate, I measured it, and it tallies with the hole.

Mr. James. My Lord, I am instructed that this was not fixed, but was found, if so, it will do away the indictment.

JAMES COWPER sworn.

Were you in company with the prisoner on the 4th of August in the afternoon? - I was going past there accidentally in the course of my business, I observed the prisoner pick up a grate, I was very high Cork-street, by Burlington-buildings, and I saw a grate lay there, and the prisoner came up to me, and asked me, if it belonged to me; I told him no, I knew nothing about it, then says he, I will take it up, and make some beer of it.

Were these the particular expressions he made use of? - Yes.

Are you positive of that? - Yes.

What part of Cork-street was it? - Near Burlington-buildings.

Vardy. After you have passed Cork-street before you come to Vigo-lane, the outside of the house is pallisaded in the coach-way.

Court to Cowper. What part of the street was it in? - In the road-way, quite from the kirb, it was detached from any buildings, it was laying by itself.

Was it in the street that communicates into Saville-street? - It was laying upside down, quite in the middle of the coachway, not on the pavement.

THOMAS BINDER sworn.

I am in partnership with Edward Wallis ; and the prisoner worked with us at Uxbridge-house, he was a bricklayers labourer, he has worked for us some years, I never heard any thing amiss of him till this time.

Is he to your knowledge a hard-working industrious man? - The same as other labourers.

- BARNES sworn.

I have known him between seven and eight years, a very honest hard-working man.

JOHN SOMMERS sworn.

I have known him between seven and eight years, he behaved himself like another workman, never heard anything amiss of him in my life.

DENNIS O'BRIEN sworn.

I have known him between ten and eleven years, and upwards, he was a bedfellow of mine, a workman of mine, and a lodger of mine; I am sure his character was extraordinary good till this present time.

TIMOTHY SULLIVAN sworn.

I have known him sixteen years, I never heard a word of a stain in his character till this time, he worked for me five years constantly.

JOHN SULLIVAN sworn.

I have known him nine years, I worked with him both in town and country, and

he has been a lodger of mine, and I never heard anything amiss of him.

OWEN HARRINGTON sworn.

I have known him eleven years; and never heard or know anything amiss of him before.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-34

758. JOSEPH NEWLAND was indicted for feloniously stealing on the 23d day of July last, twenty-eight pounds weight of lead, value 5 s. belonging to Robert Keene , Esq ; and then fixed to a certain building of the said Robert, against the statute .

THOMAS SAMUEL sworn.

I am a bricklayer, we have been building a house for Mr. Keene in Tabernacle-walk, St. Luke's ; the main part of the house was newly covered in, it was not inhabited, nor is yet; the gutters had been laid but a few nights before, some persons stripped the gutter from the roof; we found it necessary to appoint a watch, they watched about a week, and then came to me, and informed me they had taken a thief.

What day was it? - It was the morning of the 23d of July, between three and four; it was a gutter over a back office, the tiles were torn off, no lead was carried off.

JOHN ROBINSON sworn.

On the 23d of July, I was going round between three and four, I saw the prisoner on the top of the kitchen; I turned a rattle and got assistance, and he got into the yard; I then went over the wall, and in searching about half an hour, we found the prisoner concealed in a chimney, and I saw the holdfasts cut out and doubled up, and removed from its place.

JAMES BLUNDELL sworn.

On the 23d of July, I heard a rattle go, I made the best of my way to the rattle, I got over into the yard with Robinson, we searched the house from top to bottom, and could see or feel nothing of him, it was the dawn of the day, and a gentleman brought a light to me, and in a chimney in the lower room I found the prisoner.

PRISONER's DEFENCE.

In the evening before I had been with an acquaintance of mine as far as Westminster, and was drinking till late; coming home I found it was too late to get into my lodging, and I was coming by this place, and I saw it was an empty place, and I went in to rest myself out of the way of the watch; I lay there two hours, or two hours and a half, and in the morning I awoke and found it was break of day.

I am a smith , I know the prisoner, he laid in the same bed with me, I lost the things in the indictment all together, on the 8th of August; I was out in the afternoon, this is my watch, he had slept with me about a fortnight, I missed the things that night when I came home, he never came back again, he was taken on the Sunday following.

Prisoner. I took it out of the drawer.

GUILTY .

Six Months imprisonment .

Court to Mason. I cannot help telling you, that you are in luck, in not being indicted for being the receiver of these stolen goods; for it is impossible that you should not suppose, that that boy stole the watch.

One of the Jury. My Lord, I am of the business, and that watch is worth three times the money.

I am a coach-maker , I work in Long Acre; in the beginning of last January, I cannot say the day, I lost several articles which my wife can name, I know I lost my coats.

ANN THRALE sworn.

I lost the things mentioned in the indictment, these things were taken out of my drawers in my bed room, they all went from one place, which makes me suspect they all went at once, I found one of my gowns about seven months afterwards, the prisoner lodged with me five or six months, she came to me in December, they were furnished lodgings, she came to me as a married woman, Mr. and Mrs. Gower, and officer told me they had the prisoner in custody that day for robbing her lodging, and he said to me did she rob you, I said no, because my husband charged me to say no, for fear they should punish me for what I had said, as I could not prove it at that time, I went with him to some pawnbrokers with some tickets, which he said he had taken from her, and there I found my table cloth.

- LIGHTFOOT sworn.

I am servant to Mr. Payne, in Wardour-street, he is a pawnbroker, we had an order from Litchfield-street, to stop the prisoner when she came to our shop, which we did; on the 29th of January, we took in of her a table cloth, this is the same, it was pledged in the name of Mrs. Brown, she said they were her own property, when she left them at our house. (The table cloth deposed to.) We have nine duplicates of things pawned by the prisoner, and all the rest proved to be the prisoner's wearing apparel.

JOHN CROUCH sworn.

I am a pawnbroker, I produce a pair of boots, which I believe was pawned by the prisoner, I am not positive, they were brought on the first of January, the prosecutor believes them to be his boots.

Court to Thrale. Look at these boots? - These are my boots, I know them by the tops.

Prisoner. I never pawned any such thing as boots in my life, I know nothing of them, the table cloth is my own property, I bought it of a man.

Jury to Prosecutor. Was not there other lodgers in the house? - Yes, I did not suspect her, had not other things occured that gave me great reason.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-37

761. ELIZABETH BLAND was indicted for feloniously stealing, on the 23d day of June last, one pair of woman's stays, value 6 s. one linen shift, value 4 s. one woollen apron, value 18 d. one cap, value 2 s. the property of Elizabeth King .

JANE MOORE sworn.

I live in Whitecross-street, the prisoner at the bar pledged these things with me, the 22d, 23d, and 24th of July, I know her a little while before, she pledged them in the name of Elizabeth Blake , here is a pair of stays, a blue apron, a shift, and a cap.

ROBERT LYRE sworn

I was sent for to take the prisoner into custody, I took her out of a cellar, she was charged with robbing her mistress, Elizabeth King , she immediately owned she pawned the things with Mrs. Moore, there was no promises made her of favour, and she said, she hoped her mistress would forgive her; she said she pawned them with Mrs. Moore, in Whitecross-street, she acknowledged they were her mistress's things, she said she did not know what bewitched her for doing so, for her mistress was a very good mistress; she went with us to the pawnbroker's shop, she saw these things, and acknowledged them to be the things she pawned.

Prisoner. I lived along with my mistress's sister, and living with her there was a woman came out of the workhouse, and she discharged me, so this woman lent me some things to pawn, and she gave me a week to redeem them in, and her own sister promised me if I would get them out, she would not hurt me, and my prosecutor if she was here, could not deny it.

ELIZABETH KING sworn.

I sell fish and fruit , I took the prisoner as a servant , she lived with me the space of ten or twelve days, she was in the neighbourhood out of employ, I had no character with her; I left her one day to sell some goods, I left her with a pounds worth of property, she owned she took twelve shillings and sixpence, she came in and said, mistress, I will give you the money I took yesterday, between eight and nine in the morning; when I waked the prisoner was gone, and the door half opened, I looked for my stays, I missed them and one old cap, one shift, and one apron, I never saw the prisoner for three weeks; I saw her in a court, and when she saw me, she slipped down a cellar, I waited to see her, and gave charge of her; I am sure she is the same person.

What did the prisoner say? - When I took her, she cried, and I told she must cry then for she left me to cry.

Did you promise her any favour? - I did not, she owned to the property, and the constable sat down every thing.

Did not you promise her? - Before ever I took her, I said I should light of her one time or other, but if the things were brought me, I could not tell what I should say, her mother lived in Whitechapel.

Is there any particular mark? - There is.

(The things deposed to.)

Prisoner. She knows she promised me a week to take out the things.

GUILTY .

To be privately whipped and confined six months in the House of Correction .

762. MARY FREELOVE was indicted for feloniously stealing, on the 11th day of March last, one pair of linen sheets, value 3 s. a small copper saucepan, value 6 d. a brass candlestick, value 6 d. two knives, value 2 d. two forks, value 2 d. two pewter table spoons, value 1 d. the property of Joseph Chamberlaine , being in a certain lodging-room, let to hire, by the name of Mary Johnson , and to be used by her and one John Johnson , her pretended husband, against the statute.

ELIZABETH CHAMBERLAINE sworn.

My husband's name is Joseph; we have a house in Orange-court, King-street, Seven-dials ; the prisoner came to lodge with me the 11th of March; she came in the name of Mary Johnson ; she said her husband worked at Mr. Hatchet's in Longacre; she gave me 6 d. earnest, and asked if I had any good sheets; she said her husband did not love to lay in coarse sheets; she took the room by the week, at half a crown a week; she was to find her own crockery ware: so I put on the sheets I had, seeing her a decent motherly kind of woman: she came to my house the same night, about eight, and went up stairs, and she took the sheets that night; she said she must go and meet her husband with the box; she went out, and locked the door, and did not return: when ten o'clock came, I suspected her, and had the door broke open, and the property was gone, as mentioned in the indictment; she never came back; she never lay there at all; when I found her, I told her I would not hurt her if she told me where the sheets were, and she took me to a pawnbroker's, but he had not the sheets.

Are you sure that no other person had not been in the place till you broke it open? - No, nobody ever was in the place.

How long did she stay in the place? - She had her dinner, and she made her a dish of tea; and between seven and eight she came down, and said, she was going to help her husband with a box.

SUSANNAH AVIS sworn.

I have lived in Mrs. Chamberlaine's house two years. On the 11th of March the prisoner came into the room at her house; she took the room the week before.

What was the agreement? - Half a crown a week; there was a padlock to the door, and the key was delivered to her; she came in about twelve, and went out about six or seven; she said her husband's name was Johnson, and was a sawyer.

PRISONER's DEFENCE.

The prosecutor said she had no sheets but her childrens, I told her it was nothing to me, if I lay in the blankets; I never saw any sheets; she offered to make it up for half a guinea; I never touched the sheets; I have nobody at all as witness.

GUILTY .

To be confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17850914-39

763. DAVID FLEMMING was indicted, for that he, on the 28th of August , feloniously, willingly, and knowingly, did personate, and falsely assume, the character of one Daniel Skannell , on board the Cerberus, in order to receive the said wages and pay against the statute .

A second count. For that he, feloniously, willingly, and knowingly, did falsely assume the said name and character, who had then lately served our Lord the King on board the Cerberus, who was then supposed to be intitled to certain wages and pay, in order to receive the same against the statute.

The indictment opened by Mr. Knowles, and the case by Mr. Fielding.

I think the act of parliament may meet this crime; if you should be satisfied that he, when he applied at this office, did it with an intention afterwards to apply to the pay-table, and receive the pay of this seaman;

if you should ultimately be of opinion that he did it wantonly, foolishly, and that he had no such intention to receive the money, as he certainly has not applied to the pay-table, it may be lucky for him that he was detected in this early stage of business; I shall be perfectly satisfied with the decision of the law from the Recorder.

- HODGSON sworn.

I am one of the clerks in the Ticket-office, Crutched-stiars , I saw the prisoner on a Saturday last month, I do not recollect the day, he came to me, and asked me, whether his name was upon the books of the Old Cerberus, there is a frigate in the service of that name; I asked him for his certificate; I repeatedly asked him his name, he said Daniel Skannell ; he pulled out a certificate, with the name Daniel Skannell upon it; this is the certificate, which he produced; I marked it upon the back.

Court. What did he say his name was? - Daniel Skannel .

Court. That is not the name in the indictment, this is Saunderson, the name in the indictment is Daniel Skannell.

Mr. Fielding. This is the only evidence of his assuming the character.

Court. The character in that certificate is the character in the book? - He shewed me the certificate, and said that was his name.

Mr. Fielding. Then there is no doubt.

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850914-40

764. LYDIA KENELLY was indicted for feloniously stealing on the 8th day of July last, one piece of printed linen handkerchiefs, containing nine handkerchiefs, value 8 s. the property of Joseph Bourman and Elias Bisson , and Robert Barrett , privily in their shop .

JAMES HENNESEY sworn.

I was shopman to Messrs. Bourman and Co.

Do you know the prisoner? - Yes, I was waiting on another customer when the prisoner came into the shop; she had been in about half an hour, and the person I was serving informed me she saw the prisoner steal some handkerchiefs; I jumped over the counter.

What time of day? - I cannot recollect.

What day was it? - I cannot recollect.

Do not you know whether it was morning or afternoon? - I cannot recollect.

If your memory is so very uncertain, how can you undertake to recollect the circumstance, did you see the prisoner come into the shop? - Yes, she came to buy some cotton handkerchiefs; I did not wait upon her; the person that served her is here.

Is that lady here that saw her take them? - No.

You understand that she saw her take them? - Yes; on that I immediately jumped over the counter, and cried, Devonshire, a word we use when we suspect any body; then the people were all on their guard; I was going to untie her apron, but she undid it, and shook her cloak, and a little boy that is here saw the handkerchiefs drop.

GEORGE BOURMAN sworn.

I am sixteen years old; I am the person that served the prisoner.

Did you observe her take any thing? - No.

What happened afterwards? - When she went to the door I saw the handerchiefs drop from her; I am sure of it; they dropped from before her, near some boxes; she appeared to want to drop them from under her cloak upon the boxes, but they dropped upon the floor.

Who picked them up? - I really do not know.

Hennesey. The deceased Mr. Bourman picked up the handkerchiefs; the handkerchiefs that were given to the constable are the same that were picked up.

I went into the shop to buy a cotton handkerchief; I bid them twenty-pence; he called me in again; I was not out of the door, and then he took the handkerchiefs up, and asked if I had dropped them; I never saw them before.

GUILTY Of stealing, but not privately .

To be privately whipped , and confined to hard labour for twelve months .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850914-41

765. JOHN MILLS was indicted for feloniously stealing, on the 23d day of July last, one handkerchief, value 3 s. the property of Thomas Jameson .

THOMAS JAMESON sworn.

On the 23d of July, at past eight o'clock, coming up Snow-hill , I lost my handkerchief; I felt my handkerchief drop from the prisoner's hand, I immediately took him to the watch-house.

(The handkerchief produced and deposed to.)

PRISONER's DEFENCE.

I have nothing to say, only that I picked up the handkerchief upon Snow-hill; I was sent from the watch-house to the compter.

- MILLS sworn.

I go out a charing; he worked at Moor's carpet-warehouse for some years.

GUILTY .

To be twice whipped , and imprisoned one month in Newgate .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850914-42

766. JOSEPH JACKSON was indicted for feloniously stealing, on the 6th day of July last, one linen handkerchief, value 2 s. the property of John Barber .

JOHN BARBER sworn.

When did you lose your handkerchief? - On the 6th of July, between ten and eleven o'clock, in Newgate-street ; I did not see him take it, but saw it lay under a shop-window; Mr. Jenour picked it up, and asked me if it was not mine, I told him it was; it is marked B; I missed it that moment before.

Prisoner. Ask him if I was not before the prosecutor when he missed his handkerchief?

How far was the prisoner from you? - About ten yards.

JOHN CHINNER sworn.

I picked up the handkerchief; I saw the prisoner follow the gentleman at the top of Saint Martin's-le-grand; I saw him make two snatches at his pocket; I cried, Aye! and saw him throw down the handkerchief; I picked it up, and gave it to the gentleman, and told him that was the man that picked his pocket.

RICHARD MARTIN sworn.

I was in Newgate-street, just crossing the way, and stepping up upon the kirb, I saw a handkerchief drop; I saw a man behind stoop, and pick it up; as I was going along the last witness came up to me and said, the prisoner had picked the gentleman's pocket: I did not see him pick the gentleman's pocket; I have had the handkerchief ever since.

(The handkerchief deposed to.)

GUILTY .

Transported for seven years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850914-43

767. FRANCIS SAUNDERS was indicted for feloniously stealing, on the 17th day of August last, one white cotton counterpane, value 10 s. the property of John Hill .

The prisoner came to lodge at the Four Swans, nobody slept in the same room; I am chamberlain; when he went away I went in, and missed a counterpane; I overtook him, and brought him back, with the counterpane round his waist; he begged for mercy.

Prisoner. I have nothing to say.

Court. What are you? - I am a surgeon.

Where have you lived, and how have you been employed? - I have followed the sea.

How long have you been at home? - Five months.

Out of employ during that time? - Yes; I am a German; I have been all the war in the English service; seven years.

Have you any friends in your own country? - Yes.

Where were you serving on board, what ship? - A surgeon on board the Mercury, and surgeon in Gibraltar.

Where is she now? - At Bristol.

Can you get any account from her officers? - Yes; if I send down to them General Boyd will give me a character.

I live in Gutter-lane, Cheapside ; I lost the things mentioned in the indictment out of my room three weeks ago; I found them on the prisoner; I found her in my house, and ran after her; I took her in Goldsmiths-hall; one apron I found upon her, and the rest she threw into the gentleman's necessary.

PRISONER's DEFENCE.

I was going to Whitechapel, the woman's daughter overtook me in Cheapside; the prosecutor and me laid in together in Brownlow-street Hospital, and we had some gin, and the daughter said, do take these things to your lodgings, and I will call on you for them; she said, do not let my mother see them, for she has used me very ill; accordingly I took them, and met the mother, and she saw one of the gowns hang under my cloak; she cried stop thief, and I ran into the necessary, and she followed me.

NOT GUILTY .

Tried by the first London Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-45

769. WILLIAM RICHARDSON was indicted for feloniously stealing, on the 28th of August last, one pair of man's leather shoes, value 3 s. the property of Matthew Muggeridge .

MATTHEW MUGGERIDE sworn.

I heard a foot in the shop; after dinner I said, here is a person in the shop is gone out; he was turning into Red-lion court; he had a pair of shoes; I said, I shall make an example of you; it was a pair of shoes that one of my shopmen brought in not ten minutes before; the constable has them.

- NAPLETON sworn.

I took charge of the prisoner and the shoes form the prosecutor.

(The shoes deposed to.)

PRISONER's DEFENCE.

Coming down Fleet-street, I had been at Mr. Ennerley's with some stocks, I found the shoes; there was a man running before.

770. ALEXANDER BELL was indicted for feloniously stealing, on the 9th day of September , one pewter pint pot, value 10 d. the property of Joseph Williams .

JOSEPH WILLIAMS sworn.

I keep a public house in Bishopsgate-street , I lost a pint pewter pot, on Friday, September the 9th, about half past eight in the evening; I was informed where the man was that took it, by my maid, I went and charged the prisoner, and found it in his pocket, it was marked No. 30. the constable had it directly.

FRANCIS PHIPPS sworn.

I had this pot of Mr. Williams, I swear to the pot, I marked No. 30, with my own engraving, my name is at the front of it, the sign, the street where I live.

MARY JENNINGS sworn.

On Friday last I had just put the pot out of my hand, on the bar door, a man came to the bar, and went backward into the yard, and when he came from out of the yard, he took the pot from the bar door, I was in the back room, and I told my master of it directly.

PRISONER's DEFENCE.

I went in and bought a quartern of gin, I went into the yard, I know the maid, she lived at a shop I work for, it stood on the bar with some water, I was playing with the maid, I had it not in my pocket I had it by the side of my coat.

Prosecutor. He strictly denied having the pot.

The prisoner called three witnesses who gave him a good character.

GUILTY, 10 d.

Whipped .

Tried by the first London Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-47

771. CHARLES CLARK was indicted for feloniously stealing, on the 22d of July last, one hand saw with a wooden handle, value 12 d. one iron spade, value 2 s. one iron bill with a wooden handle, 12 d. the property of William Laythorpe .

WILLIAM LAYTHORPE sworn.

I am a labouring man , on the 22d of July last, I lost a spade, a bill, and a saw from Holloway ; I left them in the barn, I had been at work in the morning part, and I went out to breakfast, when I came back they were gone, I found part of them in the fields, I found the saw on a woman in the fields; she said he gave it her, the next morning I found the others by his own confession where he sold them; I know the prisoner; he had worked upon the land for my master, in hay-time two days.

THOMAS ISSAC sworn.

I found the bill and spade, at Mr. Bradford's, on Saffron-hill, on the very day after the robbery.

REBECCA GAIN sworn.

The prisoner at the bar met me one day in the fields, he gave me a saw, he told me he had no money, he gave it me to have connections with me, it was on a Friday a good while ago, it was the day I gave it again to Laythorp, I know the saw, there is a W.C. upon it.

- BROWN sworn.

This saw I picked up in the road after the prosecutor dropt it, in running after the prisoner, I saw the prosecutor drop it, it is the saw of one William Cooling , he was a lawyer, he died and left it to me; I have had it these five years, I knew it had that mark, I told her it had that mark before she gave it me.

brought to me by that young man, I cannot recollect the day, nor the day of the month either, the day they were claimed on the day after; I cannot swear to them again, I believe these are them, he told me, he had been at work at Hampstead or at Highgate, and he had got a place at a stable-yard at London, and that they were of no use to him, therefore he must sell them.

What did you give him for them? - Eighteen-pence, one shilling for the shovel and sixpence for the bill.

What would you sell them for now? - I ask fifteen-pence for the shovel, and would have taken fourteen-pence, as for the bill, I did not know the value of it, so I told him.

PRISONER's DEFENCE.

As I was walking in the fields the day the things were found, I saw a man and woman go into the barn, and bring out the things and hide them in a ditch, and I saw this woman, and I gave her the saw, there was a man, and I did not stop to have any connection with her, and I went and sold the things.

Oldershaw. My Lord, after I took the prisoner, he said, he would go quiet if I would let him go, and when he had got as far as this place, he took out a knife, and swore we should not have him, he cut at me in my face, and cut my brother officer under the ham, Mr. Laythorpe he cut his throat quite to his windpipe, and cut underneath his ham two inches and half, which Dr. Hale sewed up.

Court to Prisoner. As this is the last time I shall probably see you, I recommend it to you to consider of your fate, it certainly will be mentioned to his Majesty, the very great cruelty you have shewn, and probably the place of your destination where you will be transported to will be worse than that of common felons.

GUILTY .

Transported to Africa for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-48

772. JANE CREEKE was indicted for feloniously stealing on the 1st day of August last, thirty-five pound, weight of feathers, value 12 s. two pair of flat irons, value 6 s. and one coffee pot, value 2 s. the property of Sir John Warley Gardner , Baronet .

ELIZABETH HARVEY sworn.

I keep the prosecutor's house; in the beginning of August last we lost the things mentioned in the indictment, the feathers were in a bed, the bed was cut open, and the feathers carried away; the prisoner was a chair-woman, I said we will go and mangle the chair covers; she fetched a deep sigh, and said she had a terrible pain in her head, she went out and did not return; then I missed the irons and tea-kettle, and I went to tell her blankets, and the blankets were all over feathers; I turned them up, and I saw the bed was cut open, and a great quantity taken out; she had served two more so besides that she slept in; nobody was in the house but us two; we took her the next night in Eagle-court, Swallow-street; I said to the constable, that is your prisoner; says she for what, I have carried home your property, two mangled cloths, and two flat irons, and flung them over the area; when we came home they were flung over the area; then the constable and me went to look at the feather-beds, to see how they were cut, and I left her with this good man the witness; and she made a confession to him; we took her to the cage, and she took us to the man's house where she had carried the feathers; the man's name was John Crooke , in Carnaby-street; I know the irons and the coffee-mill, the flat irons were worth about half a crown a pair.

JOHN CROOKE sworn.

I know nothing of the feathers nor the prisoner, she came to offer them for sale through poverty and distress.

pence a pound; I had known her for about the space of half a year before that time.

Did you ever buy any feathers before? - No, not of the prisoner, nor in any respect but in whole beds.

Was not you surprised? - Not considering her distress, she said they were her own feathers, and told me where she lived, in Heydon court, we catechised her how she came by them; I remember the witness Harvey came to our house, and asked me if the prisoner had sold any feathers, I said yes, I never attempted to hide anything, it is well known I dare say to the prosecutor, and all that has any business with me, that I have not attempted to hide any one thing, because I never buy anything, knowing it to be stolen.

Prisoner. They were my own feathers, I sold to him last summer.

Court to Crooke. What does your family consist of? - A wife and one child, and my house consists of creditable lodgers, and I believe my lodgers and neighbourhood in general will give me an excellent character.

Court. Upon my word it has a very bad appearance? - Undoubtedly it may have an indifferent look upon me, but I hope it will be rightly considered that it was not meant - .

Court. It can only be rightly considered if it is considered by you, and that the event of that consideration should be that you never will traffic in this way again: I desire Mr. Clerk of the Arraigns, that you will take down this man's name, and if ever he appears here again, that it may be mentioned, that he has been twice examined here in one day, as a receiver of stolen goods, and you know the punishment of that, to be transported for fourteen years.

Crooke. I am much obliged to your Lordship, I will readily resign the business, for I find I cannot carry it on without being deceived by crafty people.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-49

773. WILLIAM FOX was indicted for feloniously stealing on the 8th day of July , 60 yards of callimanco, value 57 s. and 30 yards of shalloon, value 31 s. the property of Moses Hearne .

(The witnesses examined apart at the request of the prisoner.)

JOHN HAWES sworn.

What are you? - I am a waggoner of the Cheshunt waggon, it was robbed the 8th of July, I was going to Cheshunt from town, going along the prisoner brought a box on his shoulder, and he asked me to take him as a passenger, I took him up and the box; he wanted to go to Acton; we went to the waggon and horses, Shepherd's Bush , there I stopped to take out some goods, then he said he would walk on, and he walked on to Acton, there he got down, and I took the box down, and I found the box as heavy again as it was, and I searched about in my waggon, and found a truss cut open, and part of it gone, I took the box into my hand, and tried to stop the man, but he ran out of the back door and left the box behind; he got over some high pales into the next yard, and out of that yard he came into the road again, crossed the road down the George yard; I ran after him, and took him in about ten minutes.

What time of the day? - About five, nobody else was in the waggon but the prisoner and myself.

Was the box tied or corded? - No, we broke open the box and found these three parcels in the indictment.

Prisoner. Did you miss anything at that public house? - No, nothing.

Had you observed this truss particularly before you took me into the waggon? - No, I had not.

CHRISTOPHER CROXFORD sworn.

On the 8th of June I was at the George, opposite my house at Acton, and I went to get me a glass of gin and water, and I saw the prisoner go into the Orange Tree, next

to my house, and in five minutes I saw him come down my yard, I knew he must have got over some pales; he was looking earnestly towards the waggon, and suddenly he ran over to the George, and I saw the waggoner looking one way and another, and I asked him if he looked for the prisoner, he said yes, he had robbed his waggon, and I ran after him and took him.

HENRY STEPHENSON sworn.

I took the prisoner in custody, and I broke open the chest, and found this piece of goods in the chest.

JOHN PRICE sworn.

I saw the prisoner run down the George yard at Acton, I saw Mr. Croxford take him in the trap ball place, and near upon the place I found a key belonging to the chest, and I took it immediately over to Mr. Croxford's, and it unlocked the box very well, I marked the key.

LEONARD MEDCALF sworn.

I had eleven pieces to send down by Hawes's waggon, the 8th of July, for Cheshunt, directed to Adam Simpson of Cheshunt, they were packed in coarse cloth; this is the package, it is cut, but it was not cut when I packed it; I put it in the warehouse, and delivered it to the book-keeper in the warehouse; it is directed to Mr. A. Simpson, Cheshunt.

Court to Medcalf. Look at the callimanco, and tell the Jury whether that is what you packed up? - I believe this to be our goods, they have our mark upon them, there ought to be five pieces in all; (The package opened.) it contains one half yard of mourning crape, and one piece of bombazeen, which makes the quantity.

PRISONER's DEFENCE.

I was informed the Princess Amelia wanted a second coachman, at Kenington Gravel-pits a gentleman asked me to take this box and put it in the waggon, I rode to this public house, and I walked to Acton, at Acton he gave me the box out, the gentleman was not there, I did not know what to do with the box, I took it from him, and set it down on the bench, and was going away.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-50

774. JOHN BEESTON was indicted for feloniously stealing on the 31st day of July last, one silk handkerchief, value 2 s. the property of Samuel Elliott .

SAMUEL ELLIOTT sworn.

On the 31st of July last, between nine and ten at night, a few doors off my house a gentleman told me my pocket was picked of a silk handkerchief, I found it was gone, the prisoner was close to me, I turned about and charged him with it, he denied having my kind of knowledge of it whatever, I told him I should take him to the watch-house immediately, and on endeavouring to secure him, I saw him put his hands behind him, and throw it into a gentleman's area; I then took him to the watchhouse, and gave him in charge; I did not stop to take up the handkerchief; as soon as I had secured him I returned for my handkerchief, and the servant immediately brought it up to me from the area, and gave it me in the presence of the gentleman who informed me I had been robbed; that handkerchief was mine, I am sure it was the handkerchief I had in my pocket, I am quite sure I saw him throw it down.

THOMAS BORES sworn.

On Sunday the 31st of July, between nine and ten at night, being in the street where the prosecutor lives, I observed a man take the handkerchief out of his pocket, and drop it, the prisoner took it up, and put it in his right hand coat pocket.

Was the prisoner so situated that he could see the other take it out of his pocket? - I should suppose so, he was but a very little behind; I saw the prisoner when he picked it up, not before.

Court to Elliot. When you laid hold of the prisoner, and charged him with the handkerchief, did he deny having the handkerchief? - Positively, several times.

PRISONER's DEFENCE.

I picked up the handkerchief walking along.

The prisoner called one witness who gave him a very good character.

GUILTY .

Whipped .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-51

774. THOMAS FROST was indicted for that he on the 3d day of July , about two in the night, into a certain garden ground of, and belonging to one John Renton , unlawfully did enter, and fifty young plants, called orange trees, value 6 s. twenty stock flower roots, value 3 s. three balm of gilead roots, value 6 d. from out of the same, without the consent of the said John, then and there, unlawfully, willfully, and feloniously did pluck up, dig up, take and carry away, against the statute.

JOHN RENTON sworn.

I live at Hoxton, I am a gardener , on the 3d of July, I was called up in the morning at half past two by John Farrance , I went down, and he told me to look in the garden to see if I was robbed, and I went down the garden, and found great part of my double stocks were pulled up by the roots, and I found two or three double roots, and two single ones pulled up and dropped; I brought them out in my hands, and I was told to go to the watch-house, and there I found the stocks in the prisoner's apron, and I took him to Clerkenwell, and his apron was searched, and there we found the orange roots, we left the apron at the watchhouse; when we went to Clerkenwell, the prisoner said he found them, when we came back we found some orange trees, and some balm of gilead roots; I compared the piece of root that was left in the pan, with that that was at the watch-house, and it agreed; I judged the plants were mine, because I had lost the same number, and the same sized plants.

JOHN FARRANCE sworn.

On the 3d of July at two, I went with the watchman part of his rounds, and going up Haberdasher's-walk, at half past two, I told the watchman to take charge of that young man, because he had a bundle in his hand which I thought he had stolen, so he sprung his rattle, the prisoner set off upon a run as fast as he could; I knew him, I have worked with him; I sent the old man after him, and I went to the watch-house to tell the constable of the night; the watchman saw no more of him at that time, and I stood in the road and saw him jump into a garden, and just before his own house I took hold of him by the collar, with the bundle in his hand.

What is he? - He is a gardner.

Who was present when you took him? - Nobody, he then said for God's sake John let me alone, I have only been into the country for a few flowers, and I told him he should go to the watch-house; when I brought him out of the passage, I saw the constable, and one of the watchmen, and I took him into the watch-house by myself, and the bundle too; then I enquired amongst some gardners, and found out the prosecutor; we did not examine the bundle till after we came to Clerkenwell.

Who was left at the watch-house with the bundle? - The watchman who is not here; the prisoner said before the Justice that he found them, that he saw two men drop them, and he run and picked them up,

he then called to me, and asked me if I would not give him his apron again, so if he had found them, he found them in his own apron, by his own account; I gave him the apron, the eleven bunches of flowers were tied up with green oats, twisted round and round.

Court. Is there any oats near Renton's garden? - Within twenty yards, at the head of the garden.

PRISONER's DEFENCE.

I had been down to work, and coming home on Saturday night, I saw two men in the Brick-fields, standing at the gate, and when I came up to the gate, I saw them run away, then I saw these flowers lay, I took them up in my apron.

Court. What sort of a night was this? - It was quite broad day light when I first saw him, it was half after two.

Was it a clear morning? - Yes.

The prisoner called two witnesses who gave him a very good character.

GUILTY .

Whipped , and imprisoned one month in Newgate .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-52

776. HARRIET MILLER was indicted for feloniously stealing, on the 10th day of May , one linen apron, value 2 s. 6 d. one table cloth, value 3 s. one pair of cotton stockings, value 2 s. and two silver teaspoons, value 6 s. the property of Joseph Colless .

HESTER COLLESS sworn.

I know the prisoner, she was a servant of mine, she lived with me between four and five months.

What is your husband's name? - Joseph, during the time of her living with me, I lost a great number of things, and I discharged one or two servants innocently, she left me without any suspicion of her being the thief, she was afterwards detected by a young woman, whom I had turned away on account of the things that the prisoner took.

MARY MORPETH sworn.

I was discharged from Mr. Colless's service, on suspicion of having the things which the prisoner stands indicted for; after leaving Mrs. Colless's, I applied for work in Picadilly, she sent for my charcter, and Mrs. Colless not willing to deprive me of bread, though she did not chuse to keep a suspicious person, said she discharged me because the work was over, but told me to prepare for a feast, she always gives her people; knowing I had no time to get my things in readiness myself, I employed the prisoner to assist me two days, the feast was postponed, and I had no further occasion for the prisoner, and she left me; on Thursday morning, when the family where I lodged were assembled to breakfast, of which I was considered as one, they having a knowledge of me for many years, a teaspoon was missing, upon which the lady insisted upon its being found before any breakfast went on, we all got up for search, but none could be found; I was rather in fear, knowing the things that had been lost, I suspected the prisoner, the prisoner called on the Thursday evening accidentally with her sister to ask me how I did, I asked her where she was going, she said with her sister, to her mother's; I told her to call upon me as she came back, she promised she would, but never came; on Friday the 29th, she not coming, about four in the afternoon I went to her where she lodged, I told her I supposed she knew what I was come on, she said no, she really could not tell, I said she must certain know herself to have been guilty of an offence, or she would not be in such confusion; I taxed her with the spoon, which she denied, I told her it was a cruel thing, not only to deny the spoon, but putting me in danger of losing my character, as there was nobody but us two, and I must be conscious of my own innocence; I left her, she would

not confess, but promised to come on Saturday, but did not, I went and fetched her, she would not confess then, and promised to come on Monday to go before the justice, but she would not; I was busy till the Thursday, I went and told her I was come again, but with no intreaties, for I would take her before a justice, she told me if I would forgive her, she would fetch the spoon, she said it was not at a pawnbroker's, I said I will go and see where it is, she asked me to let her fetch her father, I said she should not go without me; when she found I was resolute, she put on her bonnet, and went with me to Mr. Payne's, pawnbroker, in Wardour-street, and she demanded a spoon which she had pawned for one shilling and sixpence, on the Wednesday night after she left me; I then asked her if there was anything else there, she said no, it was the first time she had ever stolen any thing, I said it was a falshood, she had said at the pawnbroker's her name was Elizabeth Miller , upon which I asked her how she could say so, as her name was Harriet; the prisoner came back with me to my landlady, we then went to Miss Monro; Miss Monro, the prisoner, and me, went to the pawnbroker's, to see what else we could find; we went the next morning at eight o'clock, and the pawnbroker promised to find what he could, and the pawnbroker then had found one spoon only, which was Mr. Colless's; we then went to the watchhouse to the girl, where we had left her the night before, and then she confessed to some more things at the pawnbroker's; the pawnbroker afterwards brought down to the Justice, the things that are in Court; Mrs. Colless saw the things the same day at the Justice's, and claimed them as hers.

JOHN LIGHTFOOT sworn.

I am servant to Mr. Payne of Wardour-street, I have table cloth, two tea-spoons, a white apron, and a pair of stockings, the prisoner pledged them all, I am sure of it, at three different times, she pledged them in the name of Elizabeth Miller .

(The things deposed to.)

Prosecutrix. I believe the stockings to be my apprentices, the other things are marked with my own name. I beg to speak a word or two, if it deviates from proper rules of the Court I stand corrected; when I went to the pawnbroker's, I asked him if he had any shirts, or other things.

Was the prisoner there? - No, she was at the watch-house.

Then you cannot mention it now? - I am sorry for it my Lord, because I think it would let your Lordship into the knowledge of some very bad practices of the pawnbrokers.

Court. We will enquire into it after the verdict.

PRISONER's DEFENCE.

I have nothing to say.

EDWARD BAYTHORN sworn.

I am a tin plate worker, I live in Tottenham-court-road, have known her from her infancy, and her father and mother, I fancy she is between fifteen and sixteen.

ELIZABETH - sworn.

I live in Portland-street, St. James's, her parents lodged with me going on five years, very honest and industrious people, and the girl too, I never heard any harm before, I believe she is between fifteen and sixteen.

GUILTY .

To be privately whipped and confined to hard labour twelve months in the House of Correction .

Court. Now, Mrs. Colless, you may stand up, and with great propriety mention what you was going to mention before? - From a girl of that innocent appearance and age, I asked the pawnbroker's man how he possibly could, as to my knowledge he did, receive things from her with different marks, and at different times, without asking her how she came by them; he said I was a very impertinent woman, I said, I hoped not, but I said I knew he had more in his possession, though he basely denied it from a supposition that the girl would deny

it also; he said I was impertinent to come and teach him his busines s, why did I not get a search warrant; the constable was present. I told him upon his peril to stir out of that shop, till I got a search warrant, he sent a little boy, who upon my honour, was not gone out of the shop half moment, I said, Sir, I will not believe that child, it is your place to search; he again abused me, and insisted he would not, I told him I would make him, he dared me to do it; I went home and was ill, I went to the girl and told her the consequence, she said, she had not pledged anything at this man's shop, I went back again, he said he would be upon his sacrament he had nothing more. he utterly denied, and swore upon his oath he had not; I was more irritated with the pawnbroker than the girl, and three nights ago, I went to the house of the pawnbroker, I cannot say I was in temper, I then said to him, Mr. Payne, I had not the happiness of seeing you before, I acquit you of ill behaviour, provided you as an honest man, and a man of feeling, and a fair man, will give up the shirts, you have in your possession four shirts; the man immediately looked at his master, and said, we have no shirts; Payne himself behaved very ill, he likewise refused one of my spoons, and swore he had but one, and in opening a pair of stockings another spoon was found.

Court. You have done very right in exposing to the public the conduct of this pawnbroker, it may therefore be worth considering how far Mr. Payne may yet be the subject of prosecution himself, his man who has been examined cannot, but Mr. Payne may.

Lightfoot. My Lord -

Court. Sir, your own conduct is sufficient, this is not the first time in which your conduct has appeared to the Court in an improper light: if you had not been admitted to give evidence, I should have directed a prosecution against you: the Court will keep an eye both upon you and Mr. Payne, I assure you.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-53

777. JOHN THOMPSON was indicted for feloniously stealing, on the 22d day of August last, one pair of stuff shoes, value 2 s. and one pair of silver buckles, value 8 s. the property of Joseph Blakeley .

(The witnesses examined apart at the request of the prisoner.)

CHARITY BLAKELEY sworn.

I live at No. 8, Little Ayliffe-street, Goodman's-fields ; I am wife of Joseph Blakeley ; I lost a pair of stuff-shoes, and a pair of silver shoe-buckles; they were worth ten shillings; I lost them the second of August, about one in the day, from the yard; I saw the prisoner John Thompson going out of the yard, and I missed my things in fifteen minutes after; he had been at our house once before that day; the first time he came he asked me for some person which he called a Doctor; that was about fifteen minutes before the second time he came; I did not know any such Doctor; I thought it very odd his coming the second time; I looked in my parlour, and I missed my shoes and buckles from a dining table, facing the door; I ran out, and saw the prisoner half-way along the street; he was on the foot-path; I cried stop thief; he turned his head round his shoulders, and set off running as fast as he could.

When you first saw him on the footpath was he walking or running? - He was walking very fast, but not running; in consequence of my crying stop thief he was taken; he was out of my sight before he was taken; I saw him again in ten minutes in custody of Mr. Chambers; the shoes and buckles were found behind some sugar casks; when he first came to enquire for the Doctor he had a handkerchief tied down one side of his face, and one of his shoes down at heel; and when I saw him in custody of Mr. Chambers he was in the same dress then; I took notice of him the first time because he came to ask for a Doctor.

his face, on the 22d of August, about one, in Rupert street; I was at dinner, and I heard the cry of stop thief! and I run down stairs, and I saw a man run along the street, which gave me a suspicion that he was the thief, I pursued him about four or five hundred yards, there were many people running.

Who run foremost? - I cannot say.

Was there anybody running before the prisoner? - I cannot say, but I believe there was, I believe he had a great coat on.

Did you observe anything about the prisoner's shoes or either of them? - He had one shoe down at heel, I believe.

Did you see that? - Yes, I saw a pair of shoes and buckles brought to the woman by a boy, they were brought while I was pursuing the prisoner.

JOHN WELSH sworn.

I saw the prisoner, but I cannot tell how long ago, nor what day it was, I know Charity Blakeley , I heard the cry of stop thief! and I saw the prisoner running, and he hid a pair of shoes and buckles behind some sugar hogsheads, and I found them there, there were two men close at his heels, and I saw him throw them down, and I picked them up, and gave them to the prosecutor; the prisoner had a handkerchief about his head.

PRISONER's DEFENCE.

I have witnesses to my character, and a witness that the lad said, I was not the person, when he first saw me.

The prisoner called two more witnesses to his character.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17850914-54

778. JAMES LAWRENCE and THOMAS BROOME were indicted for feloniously stealing, on the 16th day of July last, four live geese, price 10 s. the property of Charles Lufkins ; and one live goose, price 2 s. the property of John Weston

CHARLES LUFKINS sworn.

On the 16th of July last, about five, I was informed my master's stable door was open, I went and I missed four geese of mine, and one of Mr. Weston's a neighbour; on the Monday following I heard there were two men stopped at Islington, with some geese; I lost them on Saturday there were three grey ones, and two white ones, and one of the grey ones had a white wing, I have had some of them near a twelvemonth, two were young ones, I heard of them at Mr. Lack's, the constable at Islington, he shewed me the geese, and I was sure they were mine.

JOHN BOWES sworn.

On Saturday morning the 16th of July I saw the two prisoners at the bar, coming down what they call the back road Islington, with two sacks on their backs; by their appearance I thought they looked disorderly, I stopped and they passed by me, I looked after them, and there was a foot of something hanging out of one of their sacks, so I looked after them, and this Broome had something rolling in his sack I stopped them and they put down their sacks, I opened one, there were three geese in it, I did not open the other's sack then, so I took them to Mr. West of Islington, a cow-keeper, they said they would go with me where I liked, they said they bought the geese in Holloway, of a waggoner, who was going into the country, so I had them committed; in the other sack there were two geese, and two pieces of iron, a kind of a crow.

Did you observe the colour of these? - I did not take particular notice, Lufkin came, the Tuesday following, and claimed the geese, and swore to them before Justice Blackborough.

At what time was it on Saturday that you saw this? - At five in the morning.

How far from Weston's house was this? - About a quarter of a mile where I took them, almost opposite Sadler's Wells, the geese were alive.

PRISONER BROOM's DEFENCE.

I went to Highgate to see a sister of mine, that lived at the Red Lion, she was gone away, and had been gone two months; I got a lodging in the town, and this young man was there, and he said he was coming to London in the morning; we both got up in the morning, at about a mile out of Highgate, we met a farming man with geese, and I bought three, and this young man bought two, and he gave us a bag each of us, to put them in.

PRISONER LAWRENCE'S DEFENCE.

I can only say the same.

BOTH GUILTY .

Each transported for seven years .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-55

795. THOMAS HARRISON was indicted for feloniously stealing, on the 3d day of August last, one pair of base metal candlesticks, value 3 s. the property of John Thompson .

JOHN THOMPSON sworn.

On the 4th of August last, I had a sale of goods at No. 6, in Castle-street, Oxford-market , and on the 3d I lost a pair of candlesticks.

PETER HOPKINS sworn.

I was at Mr. Thompson's on the 3d of August, and the prisoner came and asked for a catalogue, I gave him one, he went up stairs and then down into the kitchen again, I thought he had something in his pocket, I desired my fellow servant to look after him, I went into the kitchen, and missed three candlesticks that were below; I went after the prisoner, and met him in Oxford-road, I brought him back, and these are the candlesticks he took out of his pocket; I only found two, they were in the kitchen before; I took him to my master, he asked my master to forgive him, he told him it was the first time.

Prosecutor. I believe these candlesticks to be mine, I will not swear to them, they had this label on them, No. 2, Lt. 7, which agrees with the catalogue.

Prisoner. I went into the house, and went down into the kitchen, and the prosecutor followed me, and took me.

The prisoner called five witnesses who gave him a very good character.

GUILTY .

To be confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-56

779. JOHN HARRIS was indicted for feloniously stealing, on the 4th of July , one pair of gold sleeve buttons, value 26 s. one pair of base metal sleeve buttons, gilt with gold, value 13 s. the property of Nicholas Middleton .

(The witnesses examined apart at the request of the prisoner.)

NICHOLAS MIDDLETON sworn.

I lost one pair of gold sleeve buttons last July, I believe the 4th; the shop window was broke in order to get them out; I never saw them again, the young woman that attends the shop, bid me stop the man with the box.

NICHOLAS MIDDLETON , Jun. sworn.

I came from Islington that morning, I called at my father's, on the 4th of July, and Sarah Ball , who is an apprentice of my father's, desired me to go after a man with a box, for he had stole something, it was a man with a box, I saw him go past the shop door, which is a glass door, and I followed him, and took him within fifty or sixty yards, and I brought him back immediately, the constable said he would be searched at Bow-street, the prisoner was the man that I stopped.

SARAH BALL sworn.

I saw the prisoner at the bar with a hook in his hand, and a pair of buttons on the hook, he had taken them from the place where I had put them.

You did not see him actually take them? - No, but I saw them in his hand, upon the hook, I had put them in that place just before, it was a drawer where we put trinkets; this is the hook, and these are the buttons that were found, one pair was gone when I came to the window, that was the gold pair, this pair are plated with gold, they are not solid gold.

Had you put them both there just before? - Yes.

Was that your hook or his? - It was his hook, he had this hook in his hand when I looked towards him, he dropped the hook in the shop window, through a little hole that was cut, and walked away, I immediately called out stop that man, he has stolen something; there was a banbox on his head, I never lost sight of him till he was stopped, these are my master's buttons, I put them there myself.

Prisoner. I wish to ask the gentlewoman what she said to me, when I first came into the shop? - I told him I believed he had cut the window, and I saw this hook in his hand, taking the buttons out, I told him I would swear to him.

Court. What time of day was this? - About ten minutes after nine in the morning

Was any body else going by at the time? - Not a creature, my Lord, I do not think there was one.

Where is your shop situated? - In the Strand , opposite the New Church.

JOHN STOCKER sworn.

I saw the prisoner, standing near ten minutes with this box close to the window, I was standing the opposite side of the way, and I saw his hand rather move, but to tell what he was about I could not.

Was his face to the window, or from the window? - To the window, he stood there about ten minutes, I saw him walk away at a distance, and I saw Mr. Middleton's son come out in a flurry, and run after him and bring him back.

Court to Ball. Where had you been for ten minutes before? - I had been in the parlour at breakfast, and was just come into the shop.

(The buttons deposed to.)

PRISONER's DEFENCE.

I am intirely innocent, there is a man now in the bail dock, one John Askton , that has confessed to every person in the gaol of stealing the buttons, breaking the window, and selling the buttons for half a guinea; I had been at Cranbourn-alley, and I might stop at this gentleman's window three minutes; I came back quietly, I am intirely innocent, as God is my saviour; and the man below in the Bail-dock is the man that certainly committed the robbery.

Court to Sarah Ball . Did the buttons that you have drop with the hook? - Yes, the buttons dropped from the hook, when he dropped the hook.

I am at present out of employ, I could not get a place on account of this prosecution; I lost two places before, that I might have engaged with, one was with a gentleman going down to the North of Scotland: I was in service with one gentleman twelve years, the late Mr. Oswald; the 7th of July last, on Thursday morning, about three, I found my chest broke open, which stood in Tyson-street, Bethnal Green , at my cousins, John Shanks , I sent the chest up to him, I omitted to inform him that they were things of consequence, and he put them in a stable under where I slept; I was not alarmed much in the night, I heard once a little knock, and about three in the morning Mrs. Shank went down stairs, and found the chest taken out, and broke open, we went out directly, and the things were lost.

Whereabouts did this chest stand? - It stood in a stable, upon finding it broke, I immediately went to Justice Wilmot's, and gave out hand bills, I did not see any of my property till the Tuesday following, which was the 12th, then I found a shirt, a stock, and sattinett breeches, some from the officers of justice, and some from the pawnbroker's; I know nothing of the prisoner, only that he said the things were his property, he was taken up the next day.

EDWARD FRANCIS sworn.

I am a pawnbroker, I live in Shoreditch, one of the witnesses, Hannah Wilkins , brought a shirt, a stock, and cambrick handkerchief to me the day following the robbery,

the 8th of July, I asked her whose property it was; she told me it belonged to another woman that was at the door; I immediately called that woman in, and stopped them both, and sent for Mr. Armstrong, the officer; the shirt had a mark picked out of it, and I knew it was a shirt that could not belong to them.

Court. You did extremely well, I wish all pawnbrokers would do as well.

(The shirt, stock and handkerchief deposed to.)

THOMAS STAFFORD sworn.

I am a pawnbroker, a woman left these breeches at our house, she is a customer to our house at times, her name is Sarah Pearson , she said they were her husband's, I lent her 5 s. upon them, and gave her a duplicate; those breeches were pledged before the hand-bills were sent out, in fact, we never received any hand-bill at all, but there was no mark to the breeches.

Prosecutor. I know these breeches by the make, they were made in Scotland, and I know them by the stuff, and by the lining and pockets, there was not enough, and they were made up with another sort; I had a coat made at the taylor's, and he wanted some tape, which I went to town to fetch, and I have a bit here exactly the same.

JOHN ARMSTONG sworn.

On the 8th of July Mr. Francis sent for me, I went to the woman's lodgings, and found this stock; I took her to the Justice; the prisoner lives with the daughter, and she confessed them before the magistrate; says the prisoner they are mine, and you may search the room, you will not find a suskey.

(The stock deposed to, having a mark in it.)

Prosecutor. These gloves I know, and this is the ribbon I used to tie round Mr. Oswald's night cap.

JAMES SHAKESHAFT sworn.

I went with Armstrong, I took this coat and the waistcoat, which I believe I have seen the prisoner wear; he was dressing himself.

Prisoner. The room was not mine, and there was a waistcoat hanging up in the room.

SARAH PEARSON sworn.

I pawned these breeches with Mr. Stafford.

For whom? - For the prisoner.

Did he give them you to pawn? - Yes.

Did he say whose they were? - His own.

How came he to employ you? - I cannot say.

How long have you known him? - Above twelve months, I never knew any harm of him.

Have you often pawned things for him before? - Never.

Are they the same breeches? - The pawnbroker knows best.

Prisoner. I never gave her any breeches at all, she knows it very well.

HANNAH WILKINS sworn.

I called accidentally at Mrs. Pearson's room, and she asked me to pawn them; I took it into Mr. Francis's, and he stopped me at Mrs. Pearson's desire.

Does the prisoner live at Mrs. Pearson's? - No.

When did she desire you to take them? - I do not know the day.

Pearson. I was taken very ill af ter I had been with these here; the next morning I was very ill, and this young woman came up, and took them to Mr. Francis's; I should know them.

Did you give them to her to carry? - Yes.

Who did you receive them from? - From the prisoner.

JOHN SHANK sworn.

This property was left under my care, and we found the back yard open at three o'clock, and the chest broke open in the yard, it was safely locked up before.

I never saw Mrs. Pearson for six weeks before I saw her at the Justice's; she said she was flurried when the runners took her up, but it was her husband that gave her the things; Armstrong and Shakeshaft came up into my room; no, it is not my room; and there hung up an old waistcoat, and they took out a stock out of their pocket, and put it into the old waistcoat, or else they said they should get no pull upon me.

Shakeshaft. Upon my oath I never had any stock in my possession.

Armstrong. It is not truth, the prisoner lodged with the daughter of this Pearson as a wife, and I know the prosecutor heard him before the Justice acknowledge that this was his property.

I lost some money the 28th of August, in the morning, four guineas, two half-guineas, and seven shillings in silver, out of my pocket; I put my breeches underneath my pillow, and my breeches were taken from underneath my pillow, and the money taken out.

Where was this? - In Bell-court, Kingsland-road .

How came they there? - I went with the prisoner.

Where did you meet with her? - At the Green-dragon in Bishopsgate-street; I was locked out of my lodgings, and I called there to get two penny-worth of gin and water, and this woman sat down with me, and persuaded me to go home with her.

How long did you stay at the Green-dragon? - Half an hour.

How long had you been in bed? - Three hours.

When you awoke was the prisoner there? - She was gone.

How do you know you had it? - Because I felt for it in both my pockets before I laid my breeches under my head; the silver was loose in the right hand pocket, and the gold in a purse in the left; the prisoner saw me put it there, and nobody else; I took the prisoner the same evening at the same house, the Green-dragon; I found none of my money; she had other clothes on, and was very gay rigged out; I never got any of my money again; I was not in liquor, but I had been drinking.

What did you drink at the Green-dragon? - Two penny-worth of gin and water?

What a clock was it? - It was about one in the morning; we had been at the bean feast; it was on Saturday night.

Was you sober enough to take upon yourself to say upon your oath that you had this money in your pocket at the time you went to bed? - Yes.

PRISONER's DEFENCE.

I never saw the gentleman till he took me as a prisoner; he took another young woman first.

Prosecutor. I am sure that is the girl.

What are you? - A carpenter.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron HEATH .

Reference Number: t17850914-59

782. JOHN BROWN was indicted for feloniously stealing, on the 23d day of August last, four saws, value 20 s. the property of George Jeffries .

GEORGE JEFFRIES sworn.

I am a carpenter ; I have four saws of my own; I lost them on Tuesday the 23d

of August, out of the house where I was at work; I never got them again; I saw them there that night when I left work, and in the morning they were gone; there was a board nailed up under the stool-board, and that was broke down, by which I suppose he got in.

DENNIS HERRING sworn.

I saw the prisoner come out of the house with these saws in Whitecombe-street, Leicester-street , at about a quarter after two in the morning; he was coming out underneath the shutters; he had nothing with him but these two saws; there was more in company; one end of the house was empty, and the other was inhabited; I was going to stop him; I fell over some paving stones that lay there, and then he threw away the saws out of his hand, and run away; I pursued him; I never lost sight of him till the next watchman took him; this is the man.

(The saws deposed to.)

PRISONER's DEFENCE.

Before the Justice he said he lost sight of me in Sidney's Alley.

JAMES LYON sworn.

I am the other watchman; I was in Sidney's Alley, and I heard the cry of stop thief, and I saw the prisoner and another watchman, and they were both on the ground, and I came up to their assistance; the prisoner is the man; he says, I knocked him down, he fell down, and I fell over him.

THOMAS GOSS sworn.

I was going on ringing the rattles, and the prisoner was running as fast as he could, and I tried to stop him, and he knocked me down, and cut my elbow; we were both down together.

Prisoner. I had no saws: I was talking to a woman of the town at the Coach and Horses, Leicester-fields.

I live at Charing Cross; I am a goldsmith ; the prisoner was my servant , I discharged her the 20th of August; she could not clean the house before she went away, and she came again to clean the house, and staid there that night; the prisoner came for her trunk, and went away about half past ten; and about half after twelve one Mr. Norman, the constable, brought her in again, and asked me if I had lost any thing, I said no; then he pulled out a table spoon out of his pocket, and asked me if I knew that spoon, I told him yes; says he, I will search the lady; and he did so, and found in her pocket a good many duplicates; he took off her bonnet, and in her hair there was another spoon of mine concealed, and I was going to Justice Walker's, and then the prisoner called me backwards, and said she had pawned several other things, three table cloths, and other things, at Mr. Hall's and Mr. Fripp's, pawnbrokers.

Did you encourage her to tell you this? - No, not at all, they were pawned in different names by the duplicates that I found in her pocket.

How old is this woman?

Prisoner. Thirty-eight.

JOHN NORMAN sworn.

I am a person that attends to take the prisoners to gaol; I know the prisoner, I carried her to the prosecutor's by order of the magistrate; it was the 23d of August; she went to offer a spoon to pawn at Mr. Dupree's in Holborn, and so she was stopped with the spoon, and brought to me by Sarah Vaughan , and I carried her with this spoon to the prosecutor's, and he owned it directly; I searched her in the shop, and found a parcel of duplicates; and I found

I live in Holborn; I am shopwoman to Mr. Dupree the pawnbroker, the prisoner offered a spoon to pledge at our house; she said she brought it from a gentleman's house in the square, as I understood, Bloomsbury-square; I think it was Tuesday, three weeks; she did not ask any sum upon it, but said she was to have the most she could get, I told her we could not take it in of her, but she must send her mistress; she said her mistress could not come, I said she must come, and you may go and fetch her, and leave the spoon here; she left the spoon, and returned again without her mistress; she said her mistress could not come; then my master bid me go with her to her mistress; when I got the other side of the compter to go with her; she varied in her account; she said then that a servant where she had lived had given her the spoon to make the most of; then my master said, as she varied in her account I should go with her to Mr. Norman, I went with her, and delivered the spoon to Mr. Justice Walker; my master said Mr. Walker's, which makes me think she did not know it was a justice's; I gave Norman, who was there, the spoon, and he went in to the justice, and I left the spoon and the prisoner in the hands of Norman.

Norman. This is the spoon I received from Sarah Vaughan .

Prisoner. I would have made every thing good if they would but have given me a very little time, about two hours; I did not intend to steal any thing.

GUILTY .

Fined sixpence , and confined twelve months in the House of Correction .

Reference Number: t17850914-61

784. JOHN LOVEJOY and JOHN GODDARD were indicted for feloniously stealing, on the 22d day of July last, seven live ducks, value 7 s. the property of John Bedford , Esquire .

WILLIAM LOCK sworn.

I am footman to the prosecutor; he lives at Acton Green , I lived with him; on the 22d of July last my master lost seven ducks; I missed them on the 22d in the morning; I saw them the night before; I took care of them always; they were in and out of the yard, and sometimes went on the green; the yard was at one end of the house; there were four old ones left behind, these seven were young ones, but fit for use; they were not quite full grown; I saw them again the next morning, the 23d, about ten, they were carried to London; I saw them in Mount-street in the watch-house, they were in possession of John Piddington the patrol; on the 22d I went to town to swear to the ducks; I knew the ducks by their marks.

What marks have they? - One was marked just by the neck, with white marks.

Was it the feathers you describe? - Yes.

Were the marks such as you could venture to swear to them again? - Yes, there were three that were so marked.

Should you have known them at any part of the kingdom? - Yes.

Should you have known them on the green three or four miles off? - Yes, I swore to them, and carried them home; they have been eat since.

JOHN PIDDINGTON sworn.

I am a patrol of Saint George's, Hanover-square, on the 22d of July last, about ten minutes after four in the morning, my partner and I were standing in the corner of Park-lane, and the two prisoners came along by the dead wall from Tyburn Turnpike to the corner of the lane; they came on the foot way; I turned about and spoke to my partner that stands here, and said, them men were suspicious looking men, and they should be searched; Goddard had the bag; it was very light, ten minutes after four; he had the bag tied up, and upon his head; the other prisoner had nothing upon

Did you hear them conversing together before you stopped Goddard? - I cannot say.

Were they walking side by side, or were they following? - I cannot say, I believe they crossed one another when they came to turn down Green-street round the corner of the wall, as if not to come through it, but to go down Park-lane.

Did they appear to you as if they meant to avoid you? - Yes, I stopped them at the corner of Green-street, I asked them where they were going; I spoke to Goddard, who had the bag, and the other stopped; they both stopped with one another, and my partner came up to me; I asked him where he was going, and what he had got, he said ducks; I said, where are you going with these ducks, and he said, to Leadenhall-market; I asked him to whom there, and he said Jones; I asked him what Mr. Jones was, and he said a salesman; I asked him where Mr. Jones lived, and he said at East Acton; he said he had been hay-making there; he said I might see the ducks, I said I should see them; the ducks were all dead; I saw by the killing of them they were not properly killed by a market-man; I seized one, and my partner seized the other; the prisoner said he was not concerned; going along Park-street, just by the Barley Mow, Goddard desired to stop, I stood very close to him the same time; I saw him hustle very close to the corner, and he put his right-hand into his left hand waistcoat pocket, and I put my hand in, and found this piece of wire, and this piece of iron; in the examination they were deemed picklocks, and I took them for such; there were some things of no value, and a pewter spoon, but they are owned by nobody; nothing was found on Lovejoy but this little knife; I took the prisoner to our watch-house in Mount-street, and immediately set off for East Acton, where the prosecutor lives; I went to Mr. Bedford's to ask if he had lost the ducks, and described them no further than as seven ducks; I had no discourse with the servant about the ducks; when I shewed them to him the servant knew the ducks, and said they were his master's property; they were of the Muscovy breed; I did not observe that he said any thing about the marks.

JOHN PERRY sworn.

I am a patrol; I was out with the last witness on the 22d of July in Oxford-street, we saw two men coming along from the turnpike; they were coming towards me; they turned down a lane; I was looking the other way; my partner stopped him, and I came up the other way; the ducks were just dead; they were warm, but no otherwise warm than as I imagined the man's hand had warmed them; I saw them again about ten, and I believe they were the same ducks.

PRISONER GODDARD's DEFENCE.

I found the ducks under a hedge; this other prisoner is a stranger to me; they stopped me; at the first and second time the servant said they were too large to be his master's property, but the third time he swore to them.

Lock. I never said any such thing.

Prisoner Lovejoy. I know nothing of it.

JOHN LOVEJOY , NOT GUILTY .

JOHN GODDARD , GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850914-62

785. JOHN CLAYTON , otherwise PADDY OYSTER , was indicted for feloniously assaulting Mary Lander , widow , on the King's highway, on the 11th day of September , and putting her in corporal fear and danger of her life, and feloniously taking from her person, and against her will, one muslin apron, value 10 s. one linen apron, value 1 s. one linen shift, value 4 s. one flannel petticoat, value 1 s. one pair of robins, value 1 s. one handkerchief, value 1 s. one shirt, value 1 s. one pair of

I was robbed on Sunday night last, a little before ten in East-Smithfield , I had two bundles in my hand, and a large lanthorn with a large candle in it, and a little girl about five years old at the side of me; and there came a man behind me, and turned me round, and pulled the bundle and took it from me, and he scratched me, and pinched my arms, and tore my apron and kicked at me, I struggled with him for a quarter of a minute, he kicked the mud all over me, and then he snatched at my second bundle, after he had taken the first; but he did not get the second; some people were at the window, and they hallooed out, do not pull the woman about so, and he went to the place called Parrot-alley, and a gentleman advised me to take my child, and go home and not follow him; I called out stop thief! but somebody ran after him, he was not taken then, but there was a little girl standing by that knew him, it was not a very dark night, but I had a light, I knew the man again in the morning, there were two men in the watch-house in the morning, and the moment I saw him, I knew him again, I am very sure it is the man that is the prisoner, I am quite sure of it; none of my things were ever found, my bundle contained the things mentioned in the indictment; the girl is here that knew him.

MARY TATE .

How old are you? - Eleven.

Do you know the nature of an oath? - That I am sworn to speak the truth, that is all I know of an oath.

Do you know what will happen to you, if you do not speak the truth? - I shall not go to Heaven.

Do you know you are liable to be punished for it here if you speak falsely? - Yes.

Then take care and speak nothing but the truth, and answer my questions without fearing anybody.

MARY TATE sworn.

I know the prisoner, his name is Paddy Oyster , there were five of them in a gang altogether.

How long have you known him by sight? - About two or three weeks.

Did you see him last Sunday night? - I saw him take the bundle from the gentlewoman, I am very sure that I saw him take it, and he handed it over to another man whom I did not know, and I said very well Mr. Paddy Oyster , you are going to rob the gentlewoman; he said nothing, but he turned round and I run away; when I saw him turn round, I thought he might follow me, I am quite sure it was him, and I went to the public house, the White Swan, for some liquor, that was in about half an hour after, and with my running I broke a bottle, and I told them at the public house that Paddy Oyster had robbed a gentlewoman; I saw him put the bundle up two pair of stairs; I followed up one pair of stairs, and there were two or three people before, there was Betsey Jarvis and two or three more; he did not know that I followed him; the gentlewoman came in the morning, I did not see her that night, I am sure this is the truth.

Court to Prosecutor. How did you find out this little girl? - She went to the public house for some liquor, and she told the woman at the publick house, that this man was fighting at the watch-house door, he is not beloved by the neighbourhood, and they found me out; when I came to him in the watch-house, I knew the man.

Did you hear the little girl cry out very well, very well you have got the gentlewoman's bundle? - I remember hearing her say so, I was frightened after the gentleman told me to get away, and take my child home.

and this man was breeding a quarrel and fighting, and I told him to go home; I wanted a pint of beer, and went into the house next door, getting a pint of beer, and the landlord said there had been a robbery committed, and I took the prisoner into custody.

GEORGE HERVEY sworn.

I know no further than from the information that the publican left, I assisted in taking the prisoner knowing him by the name of Paddy Oyster .

JOHN WILKINSON sworn.

I know nothing as to the robbery, only as to the taking the man into custody.

PRISONER's DEFENCE.

I have a witness here of the place where I was at, from eight till half after ten.

(The rest of the prisoner's witnesses were ordered out of Court.)

JOHN STEVENS sworn.

Court. Where do you live? - At Mr. Luke M'Carty's.

Where does he live? - In East-Smithfield.

What is he? - A publican.

What public house does he keep? - The sign of the Shovel.

Do you know the prisoner? - Yes.

How long have you known him? - I knew him to be at our house from eight o'clock.

How long have you known him? - I have known him these fourteen months.

When did you know him to be at your house? - From eight o'clock on Sunday night.

What Sunday? - Last Sunday.

What time did he come into your house? - Eight o'clock.

What did he come in for? - He came in and he called for a quartern of gin.

Did he come in by himself, or with anybody else? - There was another man and woman came in with him, and called for some gin.

How long did he stay? - He staid from eight o'clock till half after ten.

Now, did the company stay with him all the time? - Yes.

Did they go away together? - Yes.

Had they any supper? - No, Sir, they had no supper.

What did they drink during the time they were there? - The first beginning they had a pint of beer.

What more? - Then he had a quartern of gin at half after ten.

What, and had the three people but a quartern of gin and a pint of beer among them all? - Yes.

What more had they? - No more.

That was all? - Yes.

Did they sit all that time? - Yes.

Are your customers usually so sober in two hours and an half? - Some, not all.

How came you to take notice of the time these people came in and went out? - I always take notice.

What of every body? - Yes.

Can you tell me what time every body came in and went out? - Yes, some of them.

Do you remember any particular company come in or went out on Saturday night? - They are none of them here.

But who do you remember? - One Mrs. Allen.

What time did she come in? - She came in at five o'clock.

What time did she go away? - At eight o'clock.

How do you know what o'clock it was when these people came in and went away? - I know very well, I saw by the dial.

Have you a clock in the tap room? - Yes.

Did you look at the clock when these people went away? - Yes.

How happened that? - I always do.

What when every body goes away? - Yes.

How happened that? - I always do.

What when every body goes away? - I always look at the clock when our customers go away.

786. WILLIAM MOORE was indicted for feloniously breaking and entering the dwelling house of John Weedon , at the hour of ten in the forenoon, on the 8th day of August last, no person-being therein, and feloniously stealing therein, one linen shirt, value 5 s. one pair of cotton stockings, value 2 s. and one muslin neckcloth, value 2 s. his property .

(The witnesses examined apart at the request of the prisoner.)

JOHN WEEDON sworn.

I live at Ickenham, near Uxbridge , I am a married man, my wife's name is Elizabeth Weedon , I have four children; on the 8th of August last, my house was broke open, I was gone to hay binding, and my wife was gone to reaping; two of my children were with my wife, and the other two were gone to school.

Did you go out before your wife, or last? - I went out before her, and left her at home; I did not hear of my house being broke open, till my wife came home about five in the afternoon, I came home about eight, when I came home I found a woman in the house, and my things in their places as they usually were; the first place that was broke through, was a large window, and the staple was forced out, I lost the things mentioned in the indictment.

What was the value of your shirt? - Five shillings.

Was it a new shirt? - It had a new body, a pair of old sleeves, and new wristbands and collar, a pair of cotton stockings narrow ribbed, value 2 s. a fringed neckcloth, value 2 s. I pulled these things off the night before, I went to bed, I left them in the bed chamber, I never saw the prisoner till I saw him the next morning before Justice Fellows, the robbery was on the Monday, I saw the things the next morning before the Justice, they are here now.

Prisoner. Did you ever see me about your house, or in the parish? - I did not, I never saw you to my knowledge, till I saw you at the Justice's.

ELIZABETH WEEDON sworn.

I am the wife of John Weedon , on Monday the 8th of August, I went out to reaping, about eight in the morning, my husband went out to hay binding, I have four children, they were all four gone to school, I was last in the house, and when I went out, I am positive sure that I fastened the door and windows, I returned about five in the afternoon, and found the window broke open of the little back room, it appeared to be fresh broke, I am sure it was whole and fast when I went out, then the door was burst open between the back room and the other room, both the back rooms communicate with the dwelling house, with the inside, there was a shirt taken away, a pair of stockings, and a neckcloth, I put them into my husband's chest that very morning before I went out, there was no lock to the chest.

Put the lowest price on the things? - The real worth of the shirt was five shillings, the stockings were worth three shillings, they had not been washed but once, I gave four shillings for them, the neckcloth was worth two shillings, it was almost new, I bought it myself, it cost half-a-crown; the prisoner was taken between five and six that same evening, at Hillingdon; I had intelligence from Ann Milton of the robbery, and I followed him, he had my husband's shirt on his back, I saw it taken from him, he had the neckcloth round his neck, I saw that taken from him, the Justice had the stockings, they were taken from him before I came, I am positive the stockings, the shirt, and the neckcloth were the same that I put into my husband's chest that morning.

Prisoner. Was the cap that she took before the Justice, in the house at the same time that the shirt and other things were? - There was that night a cap that laid at top of the chest, but it was lost out of the bundle somehow, it was of very little value.

Court. How did you come by that cap? - I made it out of a white apron, the constable has the custody of the things, I left no person in the house when I went out.

I am constable at Hillingdon, I have a shirt, neckcloth, and a pair of white ribbed stockings, which I took from the prisoner, he was at the door with Samuel Allen , a taylor, offering them for sale, and Mr. Allen came over to me to the public house, and said he had a suspicious man offering him a pair of stockings for two shillings, upon which I went and took the prisoner into custody, he had the stockings on one arm, and a piece of camblet that contained six yards on the other; the prisoner I observed had a very good shirt on, and I saw he had a very good neckcloth on; I examined his neckcloth, and pulled it out of his bosom, to see if there was any mark upon it, there was no mark or letter at all then, when I examined the neckcloth, I saw the collar of his shirt was not buttoned at all, I then observed the wristbands were not buttoned; he said he bought the things in St. George's-street, in the Borough, I asked him what shop, or number, and he could not tell me, then I took him to the Justice, it was rather after six, or about seven, when we got to the Justice's, and Mrs. Weedon came soon after, she said her house had been broke open, she said she lost a pair of white cotton stockings ribbed, which the Justice had in his hand, and she said they were hers, they were the same I took from the prisoner, she said she had lost a neckcloth, and shirt, she knew the neckcloth, though it had no mark, which he had on, and she owned the shirt being remarkable, she described the shirt which I took from the prisoner.

ANN MILTON sworn.

I live in Ickenham, the prisoner came to ask me the way into the High-road, on the 8th of August about four in the afternoon; I was weeding of turnips, it was about a quarter of a mile from the prosecutor's house, I directed him the way, it was a by way where I was, it was not a common foot path, he turned away for Hillingdon; he had a sickle on his left shoulder, and a piece of camblet under his left arm, and a horseshoe in his hand, he went away, and I saw Elizabeth Weedon about an hour after, she said her house had been robbed, and I told her of the prisoner; I was not before the Justice that night, but I afterwards saw him before the Justice on the Tuesday morning, I knew him again, I am very sure the prisoner is the same person I saw the night before.

SAMUEL ALLEN sworn.

I live at Hillingdon, I know the prisoner, he came to my house on Monday the 8th of August, in the evening, nearly about six, he offered me a pair of white cotton stockings to sell, I took them in my hand, these are the stockings, he asked two and sixpence, I bid him two shillings, he said I should have them for two and three-pence, I told him I should give him no more, he went towards Uxbridge about two hundred yards, and he turned back, I expected he was coming to bring me the stockings, and I called the constable, and the prisoner was taken into custody, he brought the stockings back to me.

PRISONER's DEFENCE.

I was coming from St. Albans, and at a place called Sundridge, I cut three acres of corn for one farmer Thrale, at five shillings and sixpence per acre; I came across the country, and I met a man on the road that had these things, and the cap; this woman will not bring the man to justice because he is a neighbour, and I was taken because I was a stranger.

Court to Allen. Was any other person with the prisoner when he offered the stockings to sell? - No.

Jury. I think he said to you, that he bought them in St. George's street, in the Borough? - Yes, and the Justice said there was no such street.

Court to Jury. Gentlemen, where a dwelling house has been broken in the day time by two persons, and one of them erected a ladder, and opened the window, and took out the things, it had been held, that the exclusion of the benefit of clergy only applied

Jury to Milton. Did he seem to you to be coming from Weedon's house at the time you saw him? - Yes.

Jury to Constable. Did the prisoner say he bought all the things in the Borough? - Yes.

There was no person with him? - I saw no other man.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17850914-64

787. THOMAS BROWNING and THOMAS WINDERBANK were indicted for feloniously assaulting James Buttercass on the King's highway, on the 14th day of September last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one gold watch, value 7 l. and five shillings in monies numbered , his property.

(The witnesses examined apart, at the request of the Prisoners.)

JAMES BUTTERCASS sworn.

I was robbed on Wednesday last in the evening, a few minutes after five, on the road leading from London to Harrow, within three miles and a half from Harrow, within a few yards of Wimbly-green , I was in a one horse chaise, nobody was with me; I was stopped by two men, whom I remember very well to be the prisoners at the bar; they met me, the one that has a defect under his eye, had a horse pistol.

Court. What is his name? - Thomas Browning , he laid hold of the bridle of my horse, h e had a large rusty pistol in his hand, and with an oath demanded my money; I instantly got up and made a threatning motion to jump over him, and whipped my horse, in hopes to go over him, then the other man came to the fore wheel and presented a cutlass from uner his coat, I gave him upwards of 5 s. and a few half-pence, I believe it was less than 10 s. they expressed a doubt that it was not all, and they felt on my pocket, and lifting up the flap of my waistcoat, they saw the black string of my watch, they asked me what it was dangling, I replied that it was my watch, but it would be of no use to them; I delivered it to the other prisoner that drew the cutlass, that was Winderbank the tall prisoner; after I had delivered him my watch, they said I might go on. I stopped their proceeding towards London, and expostulated with them to return my watch, and I must in justice to one say, he would have returned it, he was coming back, but the other threatened that he would shoot him if he stirred an inch, that was the taller prisoner Winderback, that would have returned it, Browning said to his companion, I will shoot you if you stir an inch; in favour of the other who had the pistol, I beg leave to mention that he did not fire, though the pistol was loaded: when I lost sight of them by the winding of the road, I proceeded as fast as I could to Wimbly Green, then I saw two men with horses at the leaping bar, I applied to them, they were men from London, I told them of the robbery, they pursued them, and within twenty minutes after I had been robbed I met some gentlemen of Harrow, who told me, some men, supposed to be the persons I described, were apprehended; and when I saw them they were the same; I saw them in a field about a mile and a quarter from the place where I was, Browning was in custody of Joseph Thompson ; it was full day light, I knew them perfectly, it was impossible I should not know them, only their faces were much dirtier, I am perfectly clear, I had no doubt then or now, I was told that my watch was picked up by a little girl, who was with her parents in a field.

Mr. Peatt, Prisoner's Council. Had you ever seen any of the prisoners before? - No, not to my recollection.

I know nothing about the robbery, I was bringing a calf to Mr. Green, and Mr. Barlow was leaping a horse over a leaping bar at Wimbly Green, the prosecutor came up, and said he had been robbed by two footpads; he described them, and said one of them had a brown coat on, and one had a lightish colour one on, Mr. Barlow was with me, and I got upon my horse, and rode as hard as I could ride; I took down to the church, and I saw two men running up a field, I might have rode about a quarter of a mile, they were walking, then I judged them to be the two men, they answered in dress the description of the prosecutor, and I could see nobody else; Mr. Barlow was with me, I pursued them over a field, and they came over a gate, I leaped my horse immediately, and threw them down and myself too, and my horse; and I says to the two prisoners, you are two villains, and you have been using a young woman ill, going to ravish her, which is my sister; I did not tell them the real thing till afterwards, for I was rather afraid, says I, if you do not follow me, I will blow your brains out; they were very civil.

No such thing had happened to your sister? - No, my Lord, but I was rather frightened, and was glad to say anything to get away from them, but they were very civil.

Had you any arms? - Nothing but a stick, but I told them I had arms; I went to the middle of the field, and there I jumped off my horse, and laid hold of them, then Mr. Barlow, and another young man Joseph Thompson came up to my assistance; the young man with sore eyes said, he would not come on; Mr. Barlow hit him over the head with a stick; Mr. Barlow searched them both, he found nothing on them but a ram-rod and a knife, they had no arms at all; as I was riding by them, I judged they had dropped something, I did not actually see them; there was a horse pistol found, and in about fifteen minutes the prosecutor came up, it was all done in less than half an hour, we took them to the alehouse, and afterwards to Justice Lamb's; the prosecutor came and said they were the two men that robbed him.

Were they searched again before the Justice? - The Justice would not have anything to do with them, he delivered them up to the Shepherd's-bush patrol, belonging to Sir Sampson Wright, who searched them, and found nothing upon them; I said I believed I could find every thing in the field, and I took a stick out of one of their hands and stuck it up at the place they were taken from, and I looked in the field; I went from the stick by my horse's tracks, by his foot tracks, it was high grass, and I judged I should find something, and the first thing that I picked up was some shot and some powder, that was about fifteen yards from the place where I took them; the next thing I found was this cutlass, and the gentleman brought the sheath, and said it answered the description.

Prosecutor. I found the sheath, in the road where I was robbed.

Towne. The next thing that I saw was a farmer's man pick up this pistol, it was charged, and he let it off, but what with I do not know, it made a great report, it was primed; going a little way further I saw a little girl pick up this watch close to me, this was all within fifty yards.

(The watch deposed to by the prosecutor.)

Prosecutor. I did not recollect the number or the maker's name, nor do I now recollect the number, though I have looked at it several times; it has all the appearance of being mine, I have had it ever since the year 1767; I have not the smallest doubt but it is mine; I believe it to be gold, I was told so, but I cannot swear it is; I remember the two first figures of the number, which are one and three; I do

Mr. Peatt, Prisoner's Council, to Towne. The prisoners did not attempt to get away? - No.

Is not this the shooting season? - There are partridges about you? - I do not know, I never carry a gun out.

There is a good deal of powder and shot in that part of the country? - Yes.

Court. It is common small shot.

Prisoner Browning. On which of us was the ramrod found? - On Winderbank, but there is no place for the ramrod in the pistol.

- BARLOW sworn.

I joined in the pursuit of the prisoners, and after they were stopped, we found the things in the same field, within the course of forty yards, we observed a part of the field that the prisoners had gone on by the track of Mr. Towne's horse, I was within two yards of the track, my horse made a fault, and fell down into a gravel pit, so I was not up so soon as Towne, but I saw the things found; I did not see the watch picked up, I searched that man, and took a knife and key from Browning, and the other, Winderbank, had a ramrod, the prosecutor immediately said that is the man that held the pistol to my horse's head, that was Winderbank; and that is the man that stood with the cutlass, and took my watch, that was Browning, and the gentleman said that Winderbank would have given him his watch back, but Browning said he would blow his brains out; I am sure of their persons.

Towne. I cannot recollect positively which it was he said stood at the horse's head, but I think he said the shortest, Browning, and the other took his money; my recollection in that circumstance differs from Barlow's.

JOSEPH HOGSDON sworn.

I was coming from town, and I joined in the pursuit, and I helped to take them; I saw them picking up the things, I saw the watch soon after it was picked up, but I did not actually see it picked up; when the prosecutor came he said they had robbed him; he did not shew me which, he said they were the two men that robbed him; their faces were rather dirtier; the shortest man was rather dirtier.

PRISONER BROWNING's DEFENCE.

We were going a little way with a shipmate; we went down the highest way, and we went across a bean-field, and he took three or four beans, and we thought it was the farmer.

Towne. There was not a soul that I could see within a quarter of a mile; the two prisoners were behind a hedge, and I did not see them at first.

Prisoner Browning called six witnesses, who all gave him a very good character.

Prisoner Winderbank. My witnesses are not come yet.

THOMAS BROWNING , T. WINDERBANK,

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-65

788. JOHN ASHBOURNE and JOSEPH WOOD were indicted for feloniously breaking and entering the dwelling-house of George Whitmill about one in the afternoon, on the tenth of August , no person being therein, and feloniously stealing therein one cotton gown, value 17 s. a camblet gown, value 10 s. a linen gown, value 2 s. a cloak, value 5 s. a pair of leather breeches, value 3 s. a linen waistcoat, value 9 d. a piece of linen, value 1 d. a shift, value 2 s. the property of the said George Whitmill .

GEORGE WHITMILL sworn.

I went out about five o'clock in the morning, and left my wife at home, when I came home, my wife, who had been out, came home, and as I was coming home I met my daughter, who was coming down to the field where I was at work, to tell me,

and as I was going home I saw two men, with each of them a bundle, in a field adjoining to the wheatfield which I came out of; I was reaping wheat; that was about half a mile from my house, this was about half after one.

Who were the two men that had the bundles? - They are the prisoners at the bar, who were strangers to me then; I am positive to the prisoners; they were going from my house across the field towards Harrow on the Hill, I went back to the field I came out of, and called to the two men that were reaping in the field, and told them I really thought my house was robbed; they came to my assistance, and the prisoners ran across a hedge into a plowed field; I had heard at this time that my house had been broke open, I pursued them about ten or a dozen yards, but after they threw the bundles away I returned back to pick them up; I saw the bundles picked up; the prisoners were taken in less than half an hour; when I came home I saw a back window was broke open into the orchard, the glass was unnailed, and one side of the light, and two of the staves, were broken down, and the case was pulled out.

Were the things that are contained in those bundles in your house that morning? - Yes.

In what part of your house were they? - In my lodging-room.

Prisoners. When you saw us pass over the hedge, how could you see us heave the bundles away when you was the other side of the hedge? - Oh lack-a-daisy! you did not throw the bundles away till we had run after you six or seven yards; there was only a hedge that parted the plowed land from the field; we could have touched them if we had but a rod when they first jumped over the hedge.

WILLIAM READING sworn.

I was reaping on that day I saw the prisoners, I pursued them; they are the men; I saw them both have a bundle in their hands; I saw them throw away the bundles; I was about nine or ten yards off when they threw away the bundles; we were both on one side the hedge; the prosecutor stopped to take care of the bundles, and me and Tooley followed them; in the space of half an hour we took them; we ran three quarters of a mile; we took one of them in a meadow-field, that was John Ashbourn ; Wood run away, and concealed himself, and there was an alarm made, and he was taken, and brought to the other in less than an hour.

RICHARD TULY sworn.

I was with Reading at the taking of Ashbourn; I saw a bundle in each of their hands; I saw them both throw the bundles away; I know where the prosecutor lives; when I first saw them it was about a quarter of a mile from his house; they were coming from his house; it was between one and two; Wood was taken in about half an hour.

SARAH WHITMILL sworn.

I went out of my house the morning of the robbery, about eleven, as nigh as I can guess; I made the door very fast, and the windows very fast, it was not a casement, nor nothing of that sort; I have five children; two of them were reaping in the field with my husband, and two in school, and one I had with me, a little infant; I came back between twelve and one, but I cannot say justly to the time; when I came to the house I unlocked the door, and looked strait forwards, and saw one light of the window broke, and one of the staves pulled right down; this was the back window to the orchard; then I looked about my house, and saw that my house was broke open, and I ran up stairs immediately, and saw the chest open, and missed my clothes, and I saw some things laying about the room.

BERNARD LIGHT sworn.

I am the constable; I produce these things; I was sent for to the Red-lion public house on Harrow-hill common, and they gave me charge of the prisoners at the bar, and the things, I have had them in my custody ever since.

Sarah Whitmill . Here are a red cloak, and a cotton gown, I have the cuffs to it, which did not lay with it, this gown cost my husband a guinea, I have not worn it above three times.

Is the other gown yours? - Yes.

What is that worth? - Seven or eight shillings.

PRISONER ASHBOURNE'S DEFENCE.

Me and this man were looking after work, and we saw a man come running down a bean field, two of us together; we saw him heave down two bundles, nobody came to pick them up, but we took them and carried them, then they came to me, and I have it down and run away; I know no more of the house being broke open than your Lordship.

PRISONER WOOD's DEFENCE.

I can say no more than he has said, we have no witnesses.

JOHN ASHBOURNE , JOSEPH WOOD ,

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-66

789. JOHN BRENTWOOD and ROBERT CHAMBERS were indicted for feloniously stealing, on the 20th of June last, 1100 lb. weight of lead, value 6 l. belonging to Benjamin Fowles , affixed to a certain building called a shed of the said Benjamin, against the statute .

A Second Count charging them for feloniously stealing 8 lb. weight of lead, value 4 l. belonging to the said Benjamin, and then and there affixed to his dwelling house, against the statute.

BENJAMIN FOWLES sworn.

On the 20th of June, I lost some lead, or early in the morning on Tuesday the 21st, the lead was about one thousand one hundred weight, the shed adjoins to the house, it is open, I also lost at another time eight hundred pound weight from the roof of my dwelling house, it was all carried off except one piece or two, that was dropped in the garden, which was taken from the house, I compared that lead that was dropt in the garden, which was taken from the house, I compared that lead that was dropped in the garden, and it fitted; on the 28th the two prisoners were seen taking some lead out of a ditch by the two other witnesses? - it was taken from the flat of the house.

WILLIAM MOXON sworn.

I am a carpenter, I was at work upon the premises from which the lead was taken, the prisoners were brought up to me with the lead, I laid it down in several places, and found it matched exactly, another piece of lead was brought immediately after, with the corner cut off five or six inches, which matched exactly.

JOSEPH BEST sworn.

I was at work in the field, and I saw the prisoners and two others go into a ditch belonging to our field, and take out some lead and put it into a sack, and as they were taking it away I stopped them; they threw it down and run away, I ran after them and took two of them, which are the prisoners; I never lost sight of them.

RICHARD WHITE sworn.

I saw one of the prisoners go along by the ditch to pick up a piece of lead, and put it into a bag, they were both present.

PRISONER BRENTWOOD's DEFENCE.

I saw this lead lay, and I drew it out, I did not know what it was, and in about five minutes afterwards they brought this other prisoner, he was not with me at the time.

Court to Best. Was this ditch near a foot path? - Yes, it was within a hundred yards of the foot path.

790. JOHN CLARKE was indicted for feloniously stealing, on the 19th day of September last, one boy's velvet waistcoat, value 18 d. and one pair of jean breeches, value 18 d. the property of Richard Worrell .

RODERICK M'ENZIE sworn.

On the 19th of September, the prisoner came into the prosecutor's shop, who is a salesman , for some clothes, I missed the waistcoat and breeches, and found them in the prisoner's breeches concealed, he denied having them, then he said he did not do it intentionally, they were the prosecutor's property, with his shop mark.

(Deposed to.)

WILLIAM BRADHAM sworn.

I work journey-work for the prosecutor, I saw the prisoner and the last witness on the stair-case together, and I heard a dispute between them, and the prisoner said he had got the waistcoat and breeches, and would deliver them up directly, they were found in the seat of his breeches behind, he said he did not mean intentionally to do it.

PRISONER's DEFENCE.

I was rather in liquor, I did not know anything of it, I had been drinking very hard for a day or two, and was quite stupid.

Bradham. He was in liquor.

GUILTY .

Privately whipped , and confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-68

791. ELIZABETH HENLEY wife of John Henly was indicted for feloniously stealing, on the 20th day of July , one pair of linen sheets, value 6 s. two flat irons, value 12 d. one copper tea kettle, value 2 s. t he property of John Collins , being in a certain lodging room, in the dwelling house of the said John Collins , let by contract by him to the said John Henley , and to be used by him and the said John Henley , against the form of the statute .

JOHN COLLINS sworn.

The prisoner lodged at my house above two years, I lost the things in the indictment, I was obliged to turn them out, for they owed me a great deal of rent, the taxes were so high, and now the shop-tax, that people find it difficult to live; a man lived with the prisoner as her husband, I put the padlock upon the door one night when they were both out, and the next day these things were missing, and the leads of the windows were missing, the woman was at the door, and we charged her with a constable, the man went into the hospital; I believe the same day the things were found at different pawnbrokers.

WILLIAM ALDRIDGE sworn.

I am a pawnbroker, I had a pair of sheets, they were taken in from one Sarah Alwright in March 1784, she is not here, the prisoner renewed one in March last, she paid the interest of one of the sheets, she said, they were her own sheets, she said her husband was very ill, which he was, he is since dead in the hospital.

Prosecutor. The sheets have no mark, I believe them to be mine.

JOHN WICKHAM sworn.

I produce two flat irons, and a kettle, the prisoner pledged the kettle, but I am not positive to the irons, the irons were in September 1784, and the kettle about three months ago, she said it was her own property, and her husband was very ill, and had not anything to get him a breakfast; I cannot swear to the kettle nor the irons.

PRISONER's DEFENCE.

I lodged in Mr. Collin's house six years, and my poor husband has been bad ever since a week before Christmas, and I have been bad, my legs have been swelled, I buried him; I had no money, but when I had, I always paid my rent, honest and just; the things that were out, I intended to get in again; I paid him five shillings, and my poor husband was then dying, I leave it to the mercy of the Court.

Court to Prosecutor. How did this poor woman behave in other respects? - Very

Court to Jury. You are to judge whether she did this under the authority of her husband, if you think so you will acquit her.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-69

792. JAMES CONNELL was indicted for feloniously breaking and entering the dwelling-house of William Keene , on the 6th day of September ; about the hour of six in the afternoon, no person being therein, and feloniously stealing therein, three linen shirts, value 10 s. the property of William Norman ; and two pair of stays, value 10 s. one silk cloak, value 6 d. two aprons, value 1 s. four yards of ribbon, value 4 d. one handkerchief, value 2 d. one other handkerchief, value 6 d. one pair of shoes, value 2 s. two old rings, value 6 s. one pair of stone sleeve buttons set in silver, value 6 d. one silver stay hook set with stones, value 1 s. one linen gown, value 5 s. one bed gown, value 6 d. one pillow case, value 6 d. and one crown piece, value 5 s. the property of the said William Keene .

WILLIAM KEENE sworn.

I live in Cloth-fair, I am a stone-mason , on the 6th of this month, I went out about five in the afternoon, I left nobody in the house as I knew of, nobody was in my room, I only rent one room; I locked it with a stock lock, and a padlock on the outside with a chain to it; I did not return till a lad came to me about six, and informed me my room was broke open and robbed; when I returned the prisoner was at the door with my property by him in the hands of some men, and I found the door was forced open, the lock either forced or picked, and the lock of the box forced open, with an instrument of some sort or other, there were four lodgers in the house, the woman that was in the garret was at home and came down the stairs, and three linen shirts belonging to one William Norman , which he gave to my wife to make up for him was missing, she had seven, and she had made four, and we missed the other things mentioned in the indictment.

SARAH HAMBURGH sworn.

I lodge in the garret, coming down the stairs I saw the door wide open, and I turned my head round, and I thought the room was robbed, and coming down the stairs that man passed me with a bundle in his hand, he came out of the yard, as I stood on the bottom stair, I cannot say whether he came out of the room or not.

JOHN POWELL sworn.

On the 5th of September standing at my own door, I heard the cry of stop thief! I saw the prisoner run down the street, I collared him and apprehended him, he had two bundles with him, it was rather before six than after.

DAVID TIFFNEY sworn.

Some part of this bundle I received at Guildhall, and this shift I took out of his pocket going to prison.

(Produced.)

MARY KEENE sworn.

(Deposed to the things.) They are of the value of 40 s. and upwards, they were in my box that day locked up.

Court to Prosecutor. What sort of a padlock was it that you put on? - A very strong one.

Could the staple be wrenched out, without making a considerable noise? - Not very easily, for it was clinched at both ends withinside, the stable was drawn out from the wood.

PRISONER's DEFENCE.

I know no more about it, than that I am to die this minute, the things I had were given to me at the entry door.

793. BENJAMIN HOWELL was indicted for burglariously breaking and entering the dwelling house of James Field , about the hour of one in the night, on the 1st day of July last, and burglariously stealing therein, one cotton gown, value 4 s. one silk gown, value 18 s. one other silk gown, value 16 s. one coat, value 5 s. one pair of breeches, value 1 s. 6 d. one pair of stockings, value 12 d. four pair of silk stockings, value 10 s. four handkerchiefs, value 3 s. four stocks, value 2 s. and two shifts, value 10 s. the property of Mary Royle , spinster .

MARY ROYLE sworn.

I live with James Field , on the first of July last, he is a brewer in Steward's-rents, No. 21 , his house was broke open the first of July, I had been out a washing all day very hard, I made the front door and back door fast, and I made up my window, and put the shutters too, I slept very fast having been hard at labour all day, I was but newly out of the country, in the morning I waked about four o'clock, and I found all my things stolen, and the very linen I had pulled off my back, and the things that I brought home to wash; they opened my window shutter, and opened the sash, they must climb over a wall to get in, I did not put up the bar, but they were fastened with a bolt, so that I could not have opened it on the outside.

What was it you lost? - The things mentioned in the indictment, they were in my room when I went to bed in the night, nobody else slept in the room, I bolted the door in the inside, and left the key on the outside, and they locked the door on the outside, so that I could not get out myself in the morning; part of the property Mr. Atkins has here, I do not know the prisoner.

THOMAS CROSBY sworn.

I belong to Sir Sampson's office; on the 2d of July, this woman came and said she was robbed, I went with her and received information concerning the prisoner, and I found him at the Bull and Mouth in Drury Lane, in a two pair of stairs back room, just getting out of bed, between eleven and twelve, he was not quite dressed, there was nothing about him but a white handkerchief about his neck, which my fellow servant took from his neck, which the prosecutrix said was hers.

JOHN ATKINS sworn.

I apprehended the prisoner, I took this handkerchief off his neck, the prosecutrix told me the marks before ever she saw it, No. 3, E. I. E. just at his room door I found this gown, it was just outside the door, I found this gown, and this apron, this pair of stockings, and this odd stocking.

(The things deposed to.)

FRANCIS WEBSTER sworn.

I live at the Bull and Mouth in Drury Lane, my brother did keep the house, he has left it, the prisoner about half past three in the morning came and knocked at the door, at half past four I came down and opened the door, and the prisoner came in with that bundle tied up in a white handkerchief, what was in it I cannot say, and he drank two pints of beer, and he went to bed, he had lodged there two nights, I did not see what was in the bundle.

Court to Crosby and Atkins. When you found these things were they tied up? - Yes, tied up in this handkerchief, but one of the stockings, I think to the best of my remembrance was out, the landlord indeed pointed out where we should go to.

PRISONER's DEFENCE.

On Thursday night, the 3d of July, I went up into Halfmoon-street, and I was drinking with an acquaintance, I laid in this house two nights, I went to get some supper, the house was shut up, I went up to my washer woman's, and asked her to let me sit up, for I was locked out, she let me in, and I staid there till between three and four in the morning, when I came out I asked the woman for a clean shirt, a pair of stockings, and a handkerchief, which she gave me, I brought them to the Bull and

Mouth, when I came in, I sat down and drank two pints of beer; I gave the bundle to the landlord, I said that was my own property, I went up to bed, and there were two other men laid in the room besides me, they were in bed, I put my things atop of the table, and while I was asleep they got up, and left me asleep, I took my things out of the room; about ten somebody came up, and took me into the front room where two or three people lodged; Atkins came and searched the house, and in the garret, or upon the garret stairs, he brought the property down, tied up in a blue handkerchief, the prosecutrix swore it was hers, and I was committed for another hearing; while I was at New Prison, she came there, and asked me to pay her for the loss of the property, I told her I had no money, but if I had, sooner than lay in gaol, I would pay her; I came up four times, and the woman did not recollect that was her handkerchief, but said it was the fellow to the handkerchief that she had lost, and that she had found the waistcoat in her room, that she found the waistcoat and breeches and every thing that is in Court, then Justice Addington said he could do nothing in it, and committed me for a hearing again.

Court to Mary Rayle . Is that so, that you said the handkerchief was not your property? - I did not.

Have you found the things again? - I have not.

Prisoner. I have witnesses of what the woman said, that Crosby had come down to her, and frightened her, and told her if she would not swear against me, he would have her pillored, that there was forty pounds depending.

GUILTY , Death .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-71

793. JOSEPH MERCHANT was indicted for feloniously stealing, on the 23d day of July last, one silk cloak, value 30 s. and one gauze cap, value 6 d. the property of James Clarke .

SARAH CLARKE . sworn.

I am wife of James Clarke , I was at Mr. Heartley's, in Golden Square , with the house-keeper, and I lost a silk cloak, and a cap from a drawer, which was in the first floor; I heard the prisoner coming down stairs, and I took him in the passage with the things upon him, between one and two; the door was left on the chain for the workmen in the back yard; I caught hold of him, and asked him what he did up stairs, he said he wanted the workmen, I told him they were backwards, I called for assistance, and Mr. Hill came and took the things from the prisoner, he was secured, he did not offer to go away, the workmen were in the passage, Mr. Hill came in a minute; Mr. Hill and me went up stairs, and we found all the drawers open, and I immediately called out stop him, for he has robbed me!

- HILL sworn.

On the 23d of July I came to assist in securing the prisoner, and Mrs. Clarke and me went up stairs, and found the doors and the drawers open, and he pulled out the cloak from his breeches, and the gauze cap from out of his bosom, which he gave to me.

(Deposed to.)

PRISONER's DEFENCE.

I am a plaisterer, I was out of employ, and I saw this house repairing, and I went in to see for work, and this gentlewoman met me at the foot of the stairs, and asked me who I wanted, I asked for the plaisterers, she told me to stay in the passage till she came down, and she went up and brought down the cloak and cap in her hand.

794. WILLIAM SIMMONS was indicted for feloniously stealing, on the 3d day of September , one linen shirt, value 1 s. and one linen shift, value 1 s. the property of Abraham Waterhouse .

ABRAHAM WATERHOUSE sworn.

I lost the shirt and shift mentioned in the indictment, out of Mr. Beard's stone-yard, at Islington , between eight and nine, they were drying, I saw them there about half past eight, I know nothing of the robbery.

ROBERT OLDERSAW sworn.

I produce a shirt and shift, I was coming by the end of Cumberland-row, and I saw the prisoner running by, I called stop thief! and I saw the prisoner take a shirt and shift out from under his coat, and throw them over some rails, and he got into a field about one hundred yards from this stone-yard, I pursued, and took him in about ten minutes, in a garden, and found the shirt and shift there.

(The shirt and shift deposed to.)

Prosecutor. My wife says, there is a slit cut in the shift below the hem.

Another witness pursued and took the prisoner with Oldershaw.

PRISONER's DEFENCE.

That man was along with this man, and he immediately cried out stop thief! I was coming along, and I found the things; I milk for a gentleman at Mr. Alleyne's: when they cried out stop thief, I was frightened, and chucked the things over a place.

GUILTY .

On the recommendation of the Jury, to be confined to hard labour six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-73

795. JAMES MILLER was indicted for feloniously stealing, on the 18th day of July last, one man's hat, value 12 s. the property of Christopher Sayle .

CHRISTOPHER SAYLE sworn.

Between the 15th and 20th of July I went into the cabbin, the lumpers had done work, and I saw a box broke open.

Mr. Garrow, Prisoner's Council. Captain, your ship was just arrived, I believe? - She had been arrived a good while from Jamaica.

How long was you in your outward bound voyage? - About nine months.

This box of hats was a part of the outward bound voyage? - Yes, they were merchants goods, shipped on board by merchants in Jamaica; I should never have known what it contained, unless it was broke open.

How long had you been delivering your homeward bound cargo? - I cannot say exactly; I believe about five or six days.

How many lumpers might you have had on board? - I do not know.

You naturally enough I suppose came on shore as often as you could? - I was on 'Change every day.

What is the nature of your contract? - To deliver goods in the like good order I received them, unless I meet with damages by sea; I carry the things to the keys, if I deliver any thing short, I must pay for it.

Court. He is certainly answerable to pay for the delivery of the goods.

I was going to ask whether the proprietor of the cargo does in fact send down a lighter for it? - No, the people where we land our goods, generally find lighters.

Do they do that at the expence of the owner, of the master, or of the proprietor? - I do not know.

Who pays the expence of carrying them from the ship to the Customhouse? - The proprietor.

18th of July, this man with three more were down in the gun deck clearing some coffee casks to be put in the lighter, and I desired him to be careful in moving them chests, I told him there were things in them that I knew not myself, and to be careful not to break them; immediately after that the casks were all out of the place where we were clearing them from; the chief mate of the ship searched the rest of the people, he passed this man, and imagined he found nothing upon him.

Where were they searched? - They were only felt upon deck as they came from below to see if they had got anything; Robert Parkinson stopped the prisoner, and desired he might be searched again, immediately the mate searched him and found a hat in the back part of his trowsers, and saw it taken from him, pulled out of his trowsers, I immediately looked at this chest and found it broke open, and some of the paper of the hats laying about; he said it was a hat that he had found in the cable tier, and that I had told him it belonged to a passenger.

Had you said so? - No, I never said so.

Mr. Garrow. You had the care of the delivery of this cargo? - Yes.

How many lumpers had you on board? - I cannot tell you positively the number of the whole, but there were four down with me.

Had you had any rough weather? - No, no rough weather.

Steady breezes out and back? - Yes, the chest was taken aboard at Kingston, I remember bringing it with others in the long boat, we had but indifferent weather outwards.

Upon your oath was not it very like that this chest carried out and brought back, might not be broken in the carriage? - No, I verily think it could not, it stood in a steady place.

Did you know what it contained? - After I saw it broke open I knew.

So should I, but before you saw it broke open you did not know any more than I did? - To be sure I could not see through a deal board.

Has it always been customary to examine the lumpers as they come up, to see they have not embezzled the goods? - They all know that they shall be searched when they come up. The prisoner had been searched that same day, he had a coat on, or a jacket, I think it was a canvas frock; this box was whole in the morning, and the hat was found inside his trowsers or breeches, I am not clear which; he had both on.

JOHN LAMB sworn.

On the 18th of July about four in the afternoon, the prisoner was in the gun dock at work with some more lumpers, they were called on deck, and some of the witnesses saw something concealed in the prisoner's breeches, I asked him what he had there, he said nothing; I made him unbutton his trowsers, and I pulled a hat out that was concealed; we immediately went down to the gundock, and found the box broken, and several hats missing, and the paper that covered them strewed about, and three more hats were concealed in different places; he said he found it in the cable tier, and that he thought it belonged to some of the passengers.

PRISONER's DEFENCE.

I was at work on board this ship, and I found this hat stowed in between two cable tiers, I put it into my trowsers, to ask the mate about it.

Prisoner to Lamb. Was not a hat found afterwards in a moulded state, which must have laid among the cables for some time? - That was the next day.

Did it appear to have been in that place for some time past? - No, it was only the dirt.

Jury. When you first asked him what he had in his breeches, what did he tell you? - He said nothing then, the first time, then afterwards he acknowledged he had something there which he before denied.

The prisoner called five witnesses who gave him a very good character.

Jury to Prosecutor. Does the invoice mention the number of hats? - I never saw the invoice.

Court to Prosecutor. Was that box carried out from here to Jamaica or not? - To the best of my recollection I think it was, but I cannot be sure, I am sure it came from Jamaica.

GUILTY .

To be whipped and confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-74

796. TERENCE TIMEY , otherwise TERRY was indicted for feloniously stealing on the 7th day of July last, three quarts of oil, value 18 d. and one tin kettle, value 4 s. the property of John Lucas and Christopher Spencer .

THOMAS TURNER sworn.

I am servant to the prosecutor, I lost a kettle and three quarts of oil, I was lamplighting, and I went to see a procession go by, and left the oil kettle in the street, as is usual, and on my return in about ten minutes I found the prisoner with the kettle in his right hand, and a large bladder in his left; I went up to him, he did not look about, but continued pouring the oil into the bladder; I took him by the collar, he let the kettle fall, and threw the bladder into what we call the boot of the kettle; he said d - n your eyes, and he struck me in the mouth, and made me bleed; he struck me several times more, and I secured him; he worked for my master.

Court. How far had the prisoner removed this tin kettle from the place where you left it? - Not above a foot, he had taken almost all the oil out when I came back.

JOHN CHARLES sworn.

I apprehended the prisoner.

PRISONER's DEFENCE.

I was coming down Dover-street, and the procession was going by, and I removed the ladder to get upon it, and he came and took me; he said I was going to steal his oil; I have been under confinement, and bad, seven weeks in Tothil-fields, of a fever; I have lost all my hair.

Turner. The procession did not go that way.

GUILTY, 10 d.

Whipped .

Tried by the second Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17850914-75

797. MARTIN STEPHENS was indicted for feloniously stealing on the 27th day of August last, ten pounds weight of beef, value 3 s. two fowls, value 2 s. two pounds weight of cheese, value 6 d. and one rush basket, value 6 d. the property of Michael Heathcote .

JOB COOPER sworn.

I am coachman to Mr. Cooper, who keeps the Newington-green stage, I sat down my last passenger, and a young woman came and told me a man had taken a parcel out of my coach, I followed him and took the basket from him, it was Mr. Heathcote's basket.

HESTER PALMER sworn.

I live at Newington Green, I was sitting at my own door, and I saw the prisoner put his hand into the boot of the stage, and take out a bundle, it was a rush basket, I am sure of the prisoner, I never saw him before; he made off across the Green, I informed the coachman.

INNOCENT BEARD sworn.

I am servant to Mr. Heathcote, this is his basket, the coachman brought it to me

about half after eight, there was in it an edge bone of beef, two fowls, and a piece of cheese.

PRISONER's DEFENCE.

I was going to Stamford-hill to meet some beasts, and a man employed me to carry the parcel.

The prisoner called one witness to his character.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. ROSE.

Reference Number: t17850914-76

797. JAMES RILEY was indicted for burglariously and feloniously breaking and entering the dwelling-house of William Bowers , about the hour of nine in the night, on the 25th day of July last, with intent his goods then and there being, burglariously and feloniously to steal .

WILLIAM BOWERS sworn.

I live in Vere-street, Clare-market , on the 25th of July, about nine at night, I found a window belonging to my shop forced open, and I found the prisoner with his head and his arms inside my window; the window looked into Denzell-street, the back part of the shop; I did not see him doing any thing particular, any further than having his head and his arms within the shop; I did not miss any thing.

Was any thing removed out of its place? - I do not know that there was, I was on the outside; and I was informed there was a person at my window, and when I came I found him in the situation I have described; he did not seem to say any thing till after he got to the watch-house, then he shammed drunk a good deal.

Was he in liquor? - Yes, I believe he was, he appeared so at the watch-house.

BENJAMIN POWELL sworn.

On the 25th of July, about nine in the evening, I was coming down Denzell-street, and I saw the prisoner reaching in at the window, I came round, and spoke to Mr. Bowers, and he went round and caught him; I do not know whether he could have got in or no.

Had not he time to take any thing? - If there was any thing within his reach he might.

To Prosecutor. Was there any thing within his reach? - Yes, but I did not miss any thing.

How was your window fastened? - There is no regular fastening, the shutters were not put up, the sash was not fastened; it was pushed up by somebody; it was down a quarter or half an hour before; we do not open it once in a quarter of a year.

PRISONER's DEFENCE.

I came by this place very much in liquor; I do not know whether I was in the window or not, I guess I was leaning on it; I have not a friend in the world.

Was day-light gone? - I could see him perfectly well in the position he was by the remaining light of the day.

Court to Jury. Then, gentlemen, I will relieve you from the difficulty of considering this upon mere ground of intention.

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-77

808. THOMAS BROWNETT was indicted for feloniously stealing, on the 6th day of September , two leather bags, value 10 d. the property of our Lord the King .

The Indictment opened by Mr. Knowles, and the Case by Mr. Fielding.

WILLIAM RICHARDSON sworn.

I am a sorter to the Post-office.

Do you remember being at the Post-office on the 6th of September? - Yes.

What was his business? - He used to bring up three bags from the Post-office, with letters in them.

From where? - From Wapping; the bags that he was to bring were Lambert's, Saunders's, and Allen's, there were two bags from each office, and a sack that he brought them in, and the number of the letters, with the money on them.

Court. What is the name of the receiving office? - Mr. Allen of Wapping; at six I saw the boy there; he always brought three bags up every evening; be brought but one that evening in the room of three, I took and turned his bag out, and inside were these two bags full of letters, and he delivered me one, which I opened, and took out the letters and the money from that one bag; I then asked him where the other two were that he should have brought with him, and he told me he had but that one.

Did it happen that you took from the boy what he bore? - Yes.

The boy gave you one bag instead of three? - Yes.

What did you do with that one bag? - I opened it, and took out the contents, and put his empty bags with the other empty bags; I then asked him where his other two bags were that he should have brought, and he said he had no more.

What does that one bag from each office contain? - The letters that were not paid, and a post-paid bag, with a small bag that is on the inside, the money is in the inner bag of all.

What ought he to have delivered to you that night? - Three small bags, with money and letters, that is, one from each office, the three larger bags were to have been delivered to the stampers of the office, not to me.

Court. The boy brings the sack to the office, with three bags in them sealed, these are first presented to the Comptroller, who examines the seals, and in his presence they are opened, then they are emptied of the letters which they contain, which are the letters not paid; and the other bags are taken out of them which contain the paid letters and the money; these bags ought to be brought to you, they are sealed also? - It is my duty to see they are brought and sealed, I receive the money and the paid letter.

The boy brought to you but one of those bags? - No.

Which of the offices was that from? - I think it was from Lambert's.

Then he brought none from Allen's or Saunders's? - No, and he said he had no more.

Upon that what did you do? - I searched his bags, the three larger bags, and kept him till Mr. Potts came to the office.

What did you find in these larger bags? - I found these two small bags on the inside of the large bags; the bags each contained letters and money; the money was three shillings and five pence; I gave them to our Comptroller; when I found them I kept the boy till the Comptroller came.

What did the boy say when you found them? - He told me if I would not speak to Mr. Potts he would not do it any more; I asked him what he meant to do with them, he said he did not know; he had them then, he said he would not take the bags any more if I would not tell the Comptroller of him.

Court. Have you any other witnesses? - Only the master of the boy; the boy has acknowledged it to several other people.

Court. You see the chasm.

JOSEPH HILL sworn.

I am clerk to Mr. Partin, Solicitor of the Post-office; I attended him at Bow-street several times; last Saturday was a week I went to another man, who was apprehended as an accomplice to the prisoner, he charged the man with first persuading him to rob the Post-office; there was no promise made to him a second time; he went to the Post-office, brought the bag; this man, who was a seaman, cut the bag, and took the money out; the man denied it, but the boy confessed he stole the bag and the letters, and he did not pretend to deny at all that he had frequently done it for the sake of the money.

Where could he have taken these bags from? - From the table of the inland office, after he had emptied the bag he had an opportunity of taking the other bags.

Prisoner. I have nothing to say.

John Allen the prisoner's master, and another witness, gave the prisoner a good character.

Who finds the bags? - The Postmaster-general.

GUILTY .

To be transported for seven years .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850914-78

799. HANNAH DART was indicted for feloniously stealing, on the 2d day of August last, three guineas, value 3 l. 3 s. and one half guinea, value 10 s. 6 d. four shillings in silver, and ten copper halfpence, value 5 d. and one canvas purse, value 1 d. the property of Thomas Hartley .

THOMAS HARTLEY sworn.

On the 3d of August, about half after ten at night, I had been out of town spending the day very near London Bridge, I stopped at St. Magnus's church; I was surrounded by three women, by St. Magnus's church about ten o'clock, and I missed my purse from my breeches pocket, I immediately said you have got my purse, the prisoner at the bar ran away down Thames-street, and up a gateway or alley, she got from me, I called out stop thief! under the gateway, and she came and peeped out of the passage; a man said to her what is the matter, you seem frightened, I then saw her peeping out of the gateway, the two watchmen took her, and she dropped the purse near the watch-house door, between me and the two watchmen, I heard a purse drop near the watch-house door; the purse contained six guineas, but I swore to only three and an half, and four shillings, which was found, the prisoner said, I was drunk, and that I gave her the purse, I was quite sober.

Mr. Garrow, Counsel for the Prosecution. Was any promises made to her to confess? - No.

Mr. Peatt, Prisoner's Counsel. Which way was you going? - Home.

You was surrounded by three women?

- Yes.

Which side was she on? - On the right hand.

She ran away from you? - Yes.

How many minutes was she gone? - About four or five.

She was playing bo-peep under the gateway? - She was peeping under the gateway.

You only swore to what money was picked up? - No.

You thought it most prudent so to do? - Yes.

ANDREW GAINES sworn.

I am a watchman in coal-harbour.

Do you remember seeing the prisoner at the bar? - No, not till the gentleman called out watch! watch!

What did you hear or see? - My partner had got charge of the prisoner, there was some money dropped by the ale-house door, Walker and another had hold of the prisoner, Abrahams and another walked behind her; the first thing that I saw, was the gentleman having hold of the woman, there was some money dropped just at the ale-house door.

Where did it drop from? - Nobody could see.

What were you doing when it dropped? - Walking along.

What, arm in arm, or how else? - Arm in arm.

Who had hold of this woman? - Walker.

Did you hear the money drop? - No.

Did you see it picked up? - Yes.

What did it look like? - Like silver and gold, it was a little bag, I took the woman into the watch-house.

in Thames-street, on the 3d of August, I was in the watch-house, I saw the prisoner that night, I came out of the watch-house with two more, on the alarm of watch, watch! they were about twenty yards from the brew-house, when we went out that gentleman and this gentlewoman was together, I was just by her at the end of the passage, and as soon as he saw us, he said, watchman, take her, she has got my money, she has picked my pocket; we took her to the watch-house, and going along I heard the rattling of money on the pavement; there was a purse of money under my feet.

Where do you think that purse of money dropped from? - I cannot tell.

Was anybody walking before you? - There were people walking before and behind, I do not know whether anything was said.

Mr. Peatt. There were men and women? - Yes.

Mr. Garrow. Were there any women there my man? - I did not see any at that time.

Mr. Peatt. How did the prosecutor appear at that time, to be sober or a little mellow? - He was in liquor to be sure.

Mr. Garrow. Did he appear as if he had been rolling in the street? - No.

Court. When you first came out of the watch-house, where did you see that gentleman, and the woman? - Both together, he had got hold of her in Allhallows-lane, close by Allhallows church, just close by the tap-house by the brew-house gates; nobody had taken up the prisoner except the gentleman and my partner.

JOHN WAINWRIGHT sworn.

I was constable of the night, the prosecutor charged the prisoner, he was picking up his purse and money, and these two men came up at the time, there were several people about.

Mr. Garrow. Were there any women about? - I do not know that I saw any woman after the money was picked up, I took her into the watch-house, and then to the Compter; she said, if they would look they would find the rest of the money that was missing.

Mr. Garrow. Tell us exactly what she said? - I do not know particular what she said, he said there was some money short, and she said if they would go and look at the place where they were, they would find the rest of the money she did not doubt.

Did she say anything what she and Mr. Hartley had been doing together? - Nothing at all.

Did she say anything about rolling in the street? - She said, they had been together, and he had laid hold of her by the way of stopping her, and gave charge to the watchman of her.

Did she describe the manner in which Mr. Hartly lost his money? - I do not know she did, the gentleman was in liquor, he said she robbed him, and he felt her hand in his pocket, and the purse he would swear to.

Was he dirty? - I did not see whether he was or no.

Was you present before the Lord Mayor? - Yes.

Court. Do you remember what account she gave there? - She said very little for herself.

Do tell us that little, it will be the less trouble to you? - I do not recollect.

It is your duty to tell us what passed? - I cannot particularly say what she said, I do not know what she said.

Do you remember nothing of it? - She made her defence.

What was her defence? - That she knew nothing at all about the matter.

How long have you been a constable? - This is the second year.

Mr. Peatt. If I understand you right, you do not take upon yourself to say whether there was, or was not, women in the mob that surrounded the prisoner and the prosecutor? - I am not sure, he said that was the woman that robbed him; she offered to make up what money there was wanting, and pay the charges, she offered that before the Lord Mayor and Aldermen.

Was not there a wildness in her aspect? - No, she seemed very composed.

SAMUEL UNCLE sworn.

I was in that neighbourhood between ten and eleven at night, on Tuesday the the 2d of August, I heard the cry of watch, watch! I immediately went out, and there I saw Mr. Hartley and the prisoner, he said, he had lost his purse and money, they were taking her to the watch-house, after they had got three yards I heard the jingling of money, he said, here is my money; there were three guineas and a half, four shillings, and some halfpence; and the gentleman said, this my purse, I will swear to it; I went to the watch-house, but not while she was there, I attended before the Lord Mayor, I do not recollect anything that passed from her about it.

In what way were they walking when you heard the money drop? - The woman was in custody of the two watchmen.

Were they walking separate? - There was about a dozen people altogether.

Where did the money drop from? - I cannot tell.

Were there any women in that croud? - There were none in the croud, there were women neighbours that ran out of doors.

Mr. Peatt. Were there women near the spot? - Yes.

How near might these be? - Within a couple of yards.

Can you take upon you preremptorily to say, that there was not another woman in the croud? - I know two, I saw two, I do not remember seeing any more.

Mr. Garrow. From the place where the money was picked up, and the situation where these neighbours stood, can you tell us whether any of them dropped any money? - I cannot say.

Court. How far was Mr. Hartley from the woman, at the time you heard the money drop? - He desired them to take care, he said, he knew the woman would drop it, and before he had well said so, I heard the found of money, Mr. Hartley was in liquor, I saw the purse picked up, it is the same purse.

Mr. Peatt. How do you know it is the same purse? - It is the same.

Prosecutor. This is the purse and the money, when I came in, the woman came in and dropped, and begged for mercy, and offered me twenty pounds, I said, no money should induce me.

Court. What do you know this purse by? - I have no doubt upon the view of it.

PRISONER's DEFENCE.

I was going home, that man knocked me down, and fell atop of me; I got from him, I was affraid he would use me ill.

(The witnesses for the prisoner examined separate.)

JOHN MEADOWS sworn.

I believe you are an apothecary of St. Luke's hospital? - Yes.

Tell the Court anything you know respecting the prisoner at any time? - The prisoner was admitted a patient at our hospital, on the 8th of January, 1779, she remained there upwards of a twelvemonth, she was insane the whole time, she was discharged the 14th of January, 1780; incurable.

JOHN JONES sworn.

I live at St. Luke's hospital.

Do you recollect or know anything concerning the prisoner? - I have known her some years, she was there upwards of a year, she was insane all the time, I dare say; she was discharged uncured, I have seen her divers times, I have seen her sometimes when she appeared to be as bad or worse; that is above two years age.

Mr. Garrow. When you say uncured do you mean incurable? - Yes.

Court to Meadows. When they have been a year, you pronounce them uncured, you do not then pronounce that they are incurable.

Mr. Peatt. I believe, Sir, they mean Incurable oftener than uncured? - She flow stands on the list of incurables to be admitted.

Mr. Garrow. Do not you turn them out sometimes for a day or two in order to comply with the practice? - Never, Sir.

GUILTY .

She was humbly recommended to mercy by the Prosecutor and Jury.

To be privately whipped , and imprisoned six months in Newgate .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850914-79

800. THOMAS BLACKHALL and WILLIAM GRAY were indicted for feloniously breaking and entering the dwelling house of Elizabeth Abbot , about the hour of eight in the afternoon, the said Elizabeth Abbot being therein, and feloniously stealing therein two pillows, value 10 s. two blankets, value 12 s. and three yards of printed cotton, value 12 s. the property of the said Elizabeth .

ELIZABETH ABBOT sworn.

I live in little Trinity, Minories , my sash was drawn a little way down from the top, and a large green blind put in the window, when the alarm was given, I went up stairs and found my bed stripped of the things mentioned in the indictment, I went into the room at eight o'clock, and found every thing right.

Did you observe your house was broke open any how; did you find any door or window broke? - No.

GEORGE ROBINSON sworn.

I was going down the little Minories with one John Tidy , about the 16th of August, high on nine o'clock, and when we came to turn into Heydon-square there was a cry of thieves different times, I ran and stepped into the middle of the road, I saw two men rushing out, to the best of my knowledge they rushed out of the square near to where she lives, one of them, Gray, had a bundle with a light coloured great coat, I could not perceive Blackhall had any bundle; Tidy attempted to take Gray, he struck Tidy over his nose, and cut open his nose, I pursued him, and the two prisoners ran one after the other, crying stop thief, stop thief, as hard as they could, Blackhall fell in the Kennell, I left him in the kennel and pursued Gray, I never saw him any longer; Gray dropped a bundle when he struck Tidy.

Mr. Garrow, Prisoner's Councel. How far had Gray run? - It might be upwards, not much more than an hundred yards, through a long alley leading into Mansel-street, I never lost sight of him; I was close to him almost, the alley was not dark, but I was afraid.

Did you lose sight of him? - I never lost sight of him till I caught him.

Had he any unlawful weapon of any sort? - I do not know.

Was he searched? - I did not search him, nor I was not present when he was searched.

JOHN VINCENT sworn.

I pursued Blackhall as soon as the alarm was given, I had full sight of him, and pursued him close, and when he just veered round to the left, he fell down, then he kept close to the right, and went round the great square about forty yards further, where I followed him; I did not see any thing with him, I never lost sight of him from the time I began the pursuit.

Mr. Garrow. Had he any bundle? - I never saw any, he was searched, I do not remember anything was found upon him.

Mrs. VINCENT sworn.

On the 16th of August I was going down the little Minories to fetch some beer, and as I came out of my house, I saw two men standing at the bottom of my neighbour's door, opposite to the door, and that young man in the white waistcoat on the ledge over the door; that young man Blackhall

was in Mrs. Abbot's room, the day was withdrawn about an hour, a candle had been lighted; if you recollect the time past, it was a beautiful moon-light night, and in the middle of the square, which is a very small square, there is a lamp which gives a great light, the lamp is fixed on a high post, and Mrs. Abbot's house is opposite to the lamp, her house is to the right hand of my house; seeing them, I gave the alarm of thieves, very loud, with that the man at the bottom ran off immediately; Gray, when I called out thieves, looked very violent round at me, I thought he meant to run at me, but he jumped off the ledge which is what shelters the door, Blackhall made what way he could out of the room, he put his right leg out upon this ledge, I saw him get out, my eye never went off the window till he came out; he tumbled out, he had a dark waistcoat, and atop of it he had a nankeen jacket with long sleeves, and no hat on; there was so much light I could plainly distinguish anybody in the square; I have no doubt of their being the very men distinctly.

Mr. Garrow. You gave the alarm as soon as you came out of doors? - I take it from the first of my calling out to the time they were off, it could not be above half a minute.

Did I understand you right, that lamp stands in the middle of the square, opposite to Mrs. Abbot's house? - This lamp stands in the middle of the square, opposite to my door, and her door being on the other side it stands just opposite to it.

Then the lamp was between you and the persons? - No, Sir, the lamp is about a yard further from my house than her house is.

You were a great deal frightened? - Yes, I was indeed.

How long was it before anybody was brought back to you? - I apprehend about five minutes, but seven minutes was the outside, it could not be above eighty yards; I never saw the men before; I could not be so particular to the two men that stood at the door; I did not see perfectly what it was Gray had, but it was something rolled up under his arm.

Was there a light in the room? - It seemed so to me.

What did Gray's bundle contain? - A counterpane, which was all over blood, by knocking a man down.

JOHN TIDY sworn.

I took Gray by the left breast with my left hand, and I said you villain, what have you been about here; and he made a stroke at me, I cannot say with what, he had a bundle under his right arm, he knocked my hat off, it staggered me so much that my senses really went from me, for a minute or two, I took the bundle as he dropped it at my feet; he cut me over the nose, I have been forced to have a doctor since.

(The bundle produced and deposed to.)

Tidy. My Lord, this is the counterpane, and here is my blood upon it you see.

PRISONER GRAY's DEFENCE.

I was going to the leather cutters, and a man laid hold of me, I never saw any thing of the affair before.

PRISONER BLACKHALL's DEFENCE.

As I was coming through the square I was knocked down and taken.

The prisoner Blackhall called eight witnesses who gave him a good character.

The prisoner Gray called eleven witnesses who gave him a good character.

801. WILLIAM BEAR and WILLIAM DAVIS were indicted for feloniously stealing, on the 4th day of September , thirty-one deal boards, each containing in length twelve feet, value 4 l. the property of Richard Remnant , in a certain barge on the navigable river of Thames .

(The witnesses examined apart at the request of Mr. Garrow, Prisoner's Counsel.)

(The case opened by Mr. Fielding.)

LEONARD PHILLIPS sworn.

My wharf is in Scotland-yard ; on the 4th of September last some barges were moored at my wharf, one of them was loaded with deals belonging to Mr. Remnant on the 4th of September, between the hours of two and three in the morning, I heard a noise of the moving of deals, I got out, it was rather dusk, I could not see very well, I saw something moving on the barge taking off the deals, and putting them into a barge, and I well knew, tho' I did not go down, where they put them; I remained in bed some short time, and I heard them at work so rapid and so loud as if they had purchased the deals, and were delivering them as bought; at six in the morning I looked from my window, and I saw there had been a great removal of deals from the barges; it was very perceptible, it had rained the night before, and those that remained were of a particular complection then, than they were the night before; I then applied to my people, and told them, that there were a quantity of deals gone from each barge, and I believed the number could be ascertained; I told one barge, and told them to be twenty-seven or twenty-eight, but it proved to be thirty-one; the other I told to be seventeen, and there proved to be nineteen; I then thought it was too large a quantity to be permitted to be lost, I was at so great a certainty who had taken them away, that I pursued the barge; I went to North-fleet, we did not find the barge there; I knew the barge perfectly well, and the prisoner worked the barge, the next morning I dispatched my son to find the barge; I sent down for the deals, and they are the very same deals that were stolen off the two barges; the barge out of which the deals were stolen was the property of Mr. Remnant.

Mr. Garrow Prisoner's Council. What is your profession? - I am a coal merchant and wharfinger, I was at my wharf, these barges were moored; I have known the prisoner Bear for some time, and knew his barge had delivered a freight of lime at the next wharf, there is nothing parts it but a row of pailing, this was a large bulk of deals.

Did Bear know you? - Yes.

He must know that your situation was near to this noise? - Yes.

You looked out, but you could not sufficiently observe, who the persons were that were making a noise? - Yes, I did.

Do you happen to know the apprentice Hyser; - I did not know him before.

Court. What is Davis? - He works in barges, he worked under Bear.

RICHARD PHILLIPS sworn.

I am son to Mr. Leonard Phillips , I remember going down the river by myself, I got down to Purfleet, where Bear's barge was loading with lime, I saw no signs of the deals all about the place; I went down to Northfleet, and upon the ballast walk there, I found fifty deals.

Did you find any person who claimed those deals? - Mr. Green, a carpenter at Northfleet.

Did you communicate to him, that the deals had been taken from your wharf? - I did, after he acknowledged that he bought them of the prisoner Bear.

Could you speak with any certainty as to the deals so lost at your wharf? - When I saw the deals, I knew them to be like the deals that were in our wharf.

Then you speak to the likeness? - Yes, I brought them up, and immediately upon their arrival, they were shewn to Mr. Remnant, and to Mr. Jameson; I left Northfleet at eleven o'clock, and returned at two, and communicated it to my father.

Do you remember his coming to you, about the 4th or 5th of September? - He told me he knew a person that had some battens to sell, and he came honestly by them, and he would sell them cheap; battens are six or seven inches wide, and deals about ten inches; I was going to purchase them if I could get the money, he told me he had fifty of them.

Did he bring them to you? - I did not see them, he told me he gave fourteen pence a piece for them, and he must charge me eighteen pence, and if that was too much, when he came down again he would settle the difference; he came between nine and ten on Sunday morning, I was going to church, they were then on board a barge, he said that he had them, he did not say any particular place where.

Did he say that he had them in a barge? - I do not remember, I believe he said he had them in the barge: on Sunday after service in the afternoon, I walked down to see where these battens were, and when I saw them, I saw they were deals and not battens, and therefore I never put my fingers upon them.

Mr. Garrow. You had a conversation with a man about battens, where they were God knows, and you gave him some money for some battens as you was going to church? - Yes.

Court. When you went down in the afternoon after church, and you found they were deals and not battens, were either of the prisoners with you? - No, my Lord, the barge was gone.

Mr. Garrow. They might have dropped out of a balloon for what you know.

- BAKER sworn.

I am servant to Mr. Green, I work for him at times, I know one of the prisoners, that is Bear.

When did you see him? - On the 5th of September, he was on the wharf, and he handed them up, the wharf was at; Northfleet, and I piled the deals up.

Where did the deals come from? - Out of a barge.

Out of his barge? - That gentleman, the prisoner, gave us some beer for it.

How many deals did you take out? - I cannot say directly.

Where did you put them? - I laid them, on the bank.

Describe the wharf? - I put them close by the side of the wharf.

Who was with Bear at that time? - There was a boy, I should know him again.

Court. Do you recollect young Mr. Phillips's coming down, and claiming these deals, and carrying them away with him? - No.

Mr. Fielding. Did you see any more of the deals after this? - No.

Do you know who took them away? - I do not.

Do you know Mr. Green? - Yes.

Did he come for these deals? - No.

Mr. Garrow. Once on a time you looked out some deals and piled them? - Yes.

Whose barge they came from you cannot tell? - They came out of a barge.

Court to Green. When was this honesty? - I cannot tell you.

So you know nothing of it? - No faith.

Did you know Bear? - No, we might be half an hour unloading, we did not hurry ourselves.

It was between eleven and twelve in the day time, and you piled them in the front of the wharf, how long do you think that is ago? - About a fortnight or three weeks.

Is that the boy that is there? - Yes.

JOHN HYSER sworn.

Mr. Garrow. Stand up little honesty.

Mr. Fielding. Now you will speak the truth, and nothing but the truth? - On the Sunday morning pretty nigh two, John Oakley , he came on board, and called my master out of the cabin, my master is William Bear , we turned out upon deck, I

turned out first, and my master asked me if it was high water, then we laid along side of this here said barge, and he jumped along side, and he began to handle the deals off the deal barge into ours.

What did your master do? - He took hold of them.

Who else was there? - William Davis , the other prisoner, and me.

Did he do any thing to these deals? - Yes.

How many deals did you take out of Mr. Remnant's barge? - Both of them.

You took out of two barges? - Yes.

How many did you take out of both of them? - Fifty.

Where did you go? - We went away about a quarter after three, down to North-fleet, Bear and Davis went with us, when we got there, my master went on shore, he was on shore about three quarters of an hour, and after he returned, these two men came down and assisted us to get the deals out; the deals was put on the walk, there was no other pile of deals there, and there we piled the fifty; Davis was down in the hole, and handed them up, Bear he stood upon deck.

Now young man, upon your oath, is it all true that you have told the Court? - Nothing but the truth.

Mr. Garrow. What is it that my friend is afraid of, that you will not tell the truth, why you are an honest lad, and came to speak the truth? - Yes.

Where did you come from this morning? - From Tothill-fields.

Tothill-fields! what have you lodgings there? - No, I am in custody.

Oh! in custody! that was what made my friend so fearful, why what are you in custody for my man? speak out, don't be bashful? - Sir.

Is it upon account of this affair? - I suppose so Sir.

What somebody was wicked enough to suppose you stole them? - (No answer.)

Why you could speak fast enough just now, now you are as mute as a mackarel, now I am come to speak to you, why don't you speak out, did not somebody take you up about these deals? - Yes Sir.

Come let us have it, then you told this story about master? - I told on Tuesday morning.

Did you intend to tell? - No.

How long had you been in your master's service the last time? - This is only the second voyage.

How long did you live with him before? - Not two years.

What did he turn you away for, don't be ashamed? - He did not turn me away.

Now I ask you upon you r oath, (God knows you don't mind that) did not he turn you away? - I went away, they did not take me up, and he wanted to persuade me from going to sea.

As the only way of preventing you from being hanged: now whose stitch of bacon was it you stole? - I never stole any bacon.

How long was you absent from your master's service? - I cannot tell rightly.

Was it a year, or half a year, a month or six weeks? - It was almost half a year, I worked in Mr. Man's craft at Chelsea, I was in the craft twice.

Now tell me one honest day's work, that you did for any human being in that six months? - I never took any thing from any body while I was there, I should have been there now if my master had not sell out with him.

Can you state the name of any human being, that you have done one honest day's work for these six months.

Mr. Fielding to Hyser. Why do not you answer my friend by asking him the same question?

Mr. Garrow to Mr. Fielding. I have held many briefs of yours during that time.

Court. What was you to have for this? - I did not know I was to have any thing, I dare say they would give me something.

Do you know what Davies was to have for it? - I do not know.

Did Davies and you know that these deals were to be moved before you were called up that night? - I did not know, and I dare say Davies did not.

Upon your oath, did you or did you not know that these deals did not belong to your master, that he had not bought them, or was not employed to carry them away, but that you were doing a wrong thing? - Yes, Sir, I have owned that there.

Mr. Fielding to Remnant. Are you able to speak with any precision to the property? - The deals that were returned were the same sort that were in the barge.

Only the same sort; can you say you believe they were the same? - We know them to be the same sort by the marks at the ends of them; they bore the same marks at the ends that the remaining ones bore.

Court. And did the numbers tally? - The numbers that we were short were thirty-seven, but there were only thirty-one returned.

Mr. Garrow. You have said very fairly that you believe these to be the same sort of deals? - Yes.

Were they narrow deals? - Yes, two and a half Frederick stand; there were upwards of five thousand in one ship; I did not take the whole of the cargo; they were distributed among half a dozen or eight people; they are marked with red chalk, or red paint; I never saw them marked in England; they are marked in the country where they are cut.

Then the whole five thousand had the same mark as these? - I believe they had.

So that the deals, for any thing you know, may be the property of somebody else of the same cargo? - It is possible they may.

Where do you live? - In Saint Giles's, High-street.

WILLIAM PHELPS sworn.

I am a bargemaster at Fulham; I have known the prisoner Bear twenty-five years, he is a lighterman, and has a very good character; I have employed him; he always behaved honest, and I have trusted him.

MARY BURGE sworn.

I live at Limehouse; I have known him between three and four years; I always thought him a perfect honest man; I have intrusted him with a great many things of value, such as money, linen, plate, and jewels, he always delivered every thing very honest so far as between two and three hundred pounds.

CHARLES CHATFELD sworn.

I live at Limehouse; the prisoner has worked under me; I am employed for Mr. Birch; he behaved very honest; I sent down money by him to pay the people twenty or thirty pounds at a time.

Do you know Hyser? - I was always very suspicious of him when he was with the prisoner; he was turned away when he was with Bear for theft.

Phelps. With respect to the boy, he robbed my craft of two shirts and two pair of stockings; he has a very bad character.

The prisoner Bear called six more witnesses, who all gave him a very good character.

The prisoner Davies called two witnesses to his character.

WILLIAM BEAR , GUILTY , Death .

WILLIAM DAVIS , NOT GUILTY .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-81

802. The said WILLIAM DAVIS was again indicted for feloniously stealing, on the 4th of September , 19 deal boards, each containing in length 12 feet, value 38 s. the property of Thomas Pearce and Geo. Jameson .

There was no evidence given.

NOT GUILTY .

Reference Number: t17850914-82

803. JOHN DIXON was indicted for feloniously stealing, on the 12th day of July last, one silk handkerchief, value 1 s. the property of James Thomberg .

The Prosecutor caught the prisoner in Grace-church-street , with the handkerchief in his hand.

807. JOHN NEALE was indicted for feloniously stealing, on the 5th day of August last, two fowls, value 3 s. the property of John Hubbard .

BETTY HUBBARD sworn.

I am wife of John Hubbard , No. 9, Trump-street, Honey-lane Market ; I lost two dead fowls on the 5th of August, at half an hour after nine at night; they laid in the shop-window; the man that took them, as be looked through the glass, looked like a black-man; I saw him through the window of the kitchen; I told Mr. Hubbard, and he ran, and cried stop chief.

Was the prisoner the man that took the things? - That was the man that the boy brought back in five minutes, and said dropped the fowls.

JOHN COFFE sworn.

I live with Mr. Hubbard; I saw my master come out, and I made after the prisoner, and he dropped the fowls; I brought him back; I brought the scowls home; he was all over foot.

PRISONER's DEFENCE.

I had been at the fire in Aldermanbury, and I was coming to oil a jack; the young man said, I had dropped the fowls; I said, if so, you will see the mark of my black hand; I went with them gently, as an innocent man would do; if I had been given to thieving I had no occasion to steal two fowls; I leave it to your Lordship's generosity.

GUILTY .

To be confined six months in the House of Correction .

Reference Number: t17850914-84

804. JAMES HORTON was indicted for feloniously stealing, on the 15th day of September , one linen handkerchief, value 10 d. the property of Francis Skinner .

FRANCIS SKINNER sworn.

I lost my handkerchief on Tuesday last at Saint Andrew's church, Holborn , a little before two; I did not know who took it; this is the handkerchief; there was the crowd.

ALEXANDER SCOTT sworn.

A little before two last Thursday, in the afternoon, I was standing at the side of St. Andrew's door, I saw the boy next the prisoner and another at this gentleman's pocket; and I saw the prisoner, when he saw me, throw this handkerchief in the mud; I am sure he picks forty forty handkerchiefs in a week.

PRISONER's DEFENCE.

I was going of an errand for my mother, I was never near the gentleman's pocket.

How old are you? - About ten.

Who employs you to do this? - Nobody; I go out with a basket with greens and turnips along with my father.

805. SAMUEL POOLE was indicted for feloniously stealing, on the 25th day of August last, 40 lb. weight of lead, value 2 s. belonging to Joseph Braine , and then and there affixed to a certain building of his, against the statute .

JAMES CROXHAM sworn.

Between eight and nine the 25th of August, I was on the watch, I thought I heard somebody at the bottom of the ladder; I saw the prisoner with the lead under his arm; it was dark, I could not see him before I took him at the foot of the ladder; says I, what have you here, says he, a bit of something I am going to lay down.

THOMAS BRAINE , Jun. sworn.

This was our lead; it was tore off entirely.

Prisoner. I picked it up at the foot of the ladder.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-86

806. JOHN FARMER was indicted for stealing, on the 9th day of September , one woman's cloth cloak, value 5 s. and one tea spoon, value 12 d. the property of John Clifton .

NICHOLAS KEATING sworn.

I was in Stepney church-yard, and one Nash, a little boy, called to me, Master, master, here is a thief, and upon the grass I found a silver spoon, where the prisoner and Nash were scuffling together; I carried the spoon to Mrs. Clifton; she owned it.

WILLIAM NASH sworn.

I am turned of fifteen; this was a holiday, and we went a blackberrying to Epping Forest, and I saw the prisoner and another young man come out of the prosecutor's house, which is in Whitehorse-street, Stepney , and he brought something out of the house, which appeared afterwards to be a cloak, and he wrapped it up, and put it under his arm; then he ran on a little ahead, and there were two more young fellows, and I saw the tallest of the fellows beckon to him, then I thought they were after no good by that means, I followed them, and when they came to Stepney church-yard, going to the World's End, he dropped the cloak; I saw him drop it; I am sure it was him that dropped it; and one of the boys said, whose cloak is this, says the prisoner, it may be yours for any thing I know, so then I caught hold of him, and called to this man; I did not see the tea spoon picked up.

William Smith . I am going in fifteen.

Court. Do you know the nature of an oath? - No, Sir.

Do you know what the consequence will be if you speak false? - If I tell a lie I shall go to the devil.

WILLIAM SMITH sworn.

I was with Nash, and I saw the cloak among some stinging nettles, I carried it to the woman's house, and she owned it; I knew her, and I knew her cloak.

Nash. I saw the prisoner drop the cloak.

James Terry . I am 14 next October.

Do you know the nature of an oath? - Yes.

What will happen to you if you do not speak the truth? - I shall go where all the naughty children go. Me, William Smith , and William Nash , were going to take a walk to Epping Forest, and Nash said, there is a boy and a young man with him, he has got something, and I saw him have the cloak under his arm, and drop it.

I was going to my aunt's in Stepney church-yard, and the boy came to me, and challenged me with the cloak; it was laid among some stinging nettles, I said I knew nothing of it.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-87

807. MARY JACKSON was indicted for feloniously stealing on the 26th day of August last, two men's velveret waistcoats, value 14 s. and six boy's waistcoats, value 20 s. the property of Samuel Clifton .

Susannah Clifton and Elizabeth Robinson called on their recognizances, and not appearing the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-88

808. THOMAS HEFFORD was indicted for feloniously stealing on the 9th day of July one stone garnet ring set in gold, value 5 s. and nine guineas, value 9 l. 9 s. in monies numbered , the property of William Carleton .

William Carleton the Prosecutor called on his recognizance, but not appearing the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-89

809. SIMON GRIFFIN was indicted for feloniously stealing on the 7th day of July last, one linen tent bedstead, value 30 s. the property of a person unknown.

JOSEPH STOKER sworn.

On Thursday the 7th of July I went to call the prisoner to sweep an upholsterer's shop belonging to Mr. Trotter, the prisoner was porter , and I perceived him rather bulkier about his waist than he generally was; and I said, Simon, you look as if you was with child; he laughed; I insisted on seeing what it was, and without any hesitation he unbuttoned his waistcoat, and down dropped a Manchester striped tent-bed furniture, I believe he said he got it up stairs: I do not know who it belonged to; they were goods which Mr. Trotter had in trust.

PRISONER's DEFENCE.

I was distressed one night for money, I owed eight pounds for rent, I did not mean to thieve it.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-90

810. ABRAHAM BENATTO was was indicted for feloniously stealing on the 11th day of August last one silk handkerchief, value 4 s. the property of John Powell .

JOHN POWELL sworn.

The prisoner came to my house the 11th of August last, to enquire for some silk handkerchiefs, we shewed him some; he desired me to take down some cotton handkerchiefs that were behind on a shelf; and while I was taking them down I rather suspected him; and he bought a cotton handkerchief, I put it into a paper; I suspected he had taken something, and I saw a silk handkerchief in his pocket, the corner was out; I missed the handkerchief, he ran out and I ran after him to a passage just adjoining my house; I said, hark you, my friend, and he ran and he dropped the handkerchief, and I laid hold of him and the handkerchief; he had not run three yards before I saw him drop the handkerchief, I took it

The prisoner called six witnesses who all gave him a good character: one of them promised to take care of him; and the prosecutor said he had enquired and found he had a very good character.

GUILTY .

Privately whipped .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-91

811. ANN GIBSON was indicted for feloniously stealing on the 29th day of June last, one pair of linen sheets, value 10 s. and one cotton gown, value 4 s. the property of Thomas Wightman .

THOMAS WIGHTMAN sworn.

The prisoner lived servant with me, and went away privately, and took a pair of sheets of mine, and a gown of my wife's; I saw her seven days after with the gown on her back, and she confessed where she had pawned the sheets; no promises was made.

(The gown and sheets deposed to.)

RICHARD WARNER sworn.

I received these sheets of the prisoner; I lent her seven shillings on them, she said they were her own.

Prisoner. I do not know what to say, I leave it to your mercy.

GUILTY .

To be privately whipped and confined twelve months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-92

812. MARTHA FISHER was indicted for feloniously stealing on the 14th day of September , one leather purse, value 1 d. six guineas, value 6 l. 6 s. and 3 s. and 6 d. in monies numbered, the property of Thomas Baddeley , privately from his person .

THOMAS BADDELEY sworn.

I am a porter in Aldermanbury, the prisoner followed me down the street on the 14th of this month, I went with her into a private house in Jackson's-alley , it was between seven and eight, I was as sober as ever I was in my life; I was not in the house a minute and an half before a girl came up and demanded 6 d. for the use of the room, and was going to shut me up in the room, so I thought I might as well give them the six-pence, and I pulled out my purse to give her the six-pence, and the prisoner immediately bustled up to me, and took my purse, and ran down, and sent down the maid, she took the purse out of my pocket; I did not perceive it go then.

Court. You felt that she took it from you? - I cannot say that I had the apprehension of just thinking of what she was doing; I did not perceive it go; I thought she belonged to the house; but the woman said she knew nothing of her, there were six guineas in gold, and three and six-pence in silver: then I went to Sir Sampson Wright's, and met with Mr. Crosby, and we found her in Drury-lane, just by the Bull and Mouth, some part of the money was found, Mr. Crosby found a guinea and a shilling; I am sure this is the woman.

Prisoner. They took two pounds nine shillings out of my pocket, if he can swear to that, then I will submit; I never was in his company in my life.

THOMAS CROSBY sworn.

I took up the prisoner the same evening, about half an hour after in Drury-lane, a little above the Bull and Mouth, she made a great noise, she kicked me and bit my thumb, some of the money fell in the street, she brought twenty or thirty thieves, and people of her own stamp about her; Mr. Ward searched her, and found one pound seven shillings; I found one guinea in her hand, and one shilling she dropped.

Court to Prosecutor. I suppose you do not know your two guineas? - No, Sir.

Prisoner. I never saw him, I never was in the room with him.

Court to Prosecutor. You certainly knew that this woman took the money? - I felt her press very hard on my thigh.

GUILTY Of stealing, but not privately .

To be confined to hard labour six months in the House of Correction .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-93

813. PATRICK COFFIELD was indicted for feloniously assaulting Sawney Clough , on the King's highway, on the 11th of August last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one hat, value 4 s. one black silk handkerchief, value 2 s. and four shillings in monies numbered, his property .

(The witnesses examined apart, at the request of Mr. Garrow, Prisoner's Counsel.)

(The Prosecutor being a foreigner, and not understanding English, an Interpreter was s worn.)

SAWNEY CLOUGH sworn.

I was robbed, but I do not know what month.

Where was you going? - To the Blue Anchor public house, in the Back-lane, at past eleven at night.

Who did you meet? - I do not know.

Tell your own story? - I met a white man; that is the man.

Are you sure of it? - Yes.

What did he say or do to you? - He asked me if I had got any money, I told him I had got no money, he struck me first and then he robbed me, there were two men one struck me and the other robbed me; I was knocked down upon the ground.

What did he strike you with? - With his hand.

Did you lose your senses? - Yes.

What did he rob you of? - My hat, four shillings, and a black handkerchief.

What did you do when you came to your senses? - When I came to my senses I looked for the man, and he was run away.

Look again at the man, and see whether you are sure that is one of the person that robbed you? - This is the man that struck me, and caught hold of my two hands, and the man that robbed me ran away.

Was it a dark or a light night? - A dark night.

Did they speak to you immediately on coming up, or did you walk together any time? - They called me a black b - gg - r and struck me, and asked me for my money, there was a light in a public house.

JOSHUA GRAY sworn.

I was the officer of the night, on the 11th of August, I am headborough of Wellclose-square; and I saw the prisoner and this prosecutor against a door, as I came back there was a bit of a wrangle, and some girls about, I told the prosecutor to go about his business; I went down to the watch-house, and in about ten minutes a girl came running down, and said a Lascar had been robbed, I went out with the watchman, and I saw two men cross the way, and seeing the prisoner making off, I took him into custody; the prisoner said this was the man that assaulted him, the prosecutor said this was not the man that robbed him, but this was the man that held his hands while the other took four shillings out of his pocket, and his hat and his handkerchief.

WELDON JONES sworn.

I was at the watch-house and a girl came down and said that a Lascar had been very badly used, I went with the constable, and stood in the Back-lane, I saw nothing of them, a girl said that was the man that ill

used the Lascar, I went down and the prosecutor said this was the man that held him while the other robbed him.

Court. Is the girl here? - No, she was a girl of the town; I do not remember whether she was bound over, I have not seen her that way sometime.

Prisoner. I have served his Majesty ten years, I was coming from on board a ship, at Deptford, and got a little merry, I lodged at William Curtis 's always, the Red-lion; as I came up the passage the prosecutor struck me, and I struck him, and we fell, I know no further, after I was admitted to bail, this man persuaded the men to swear to me on account of the bounty, I sent to Sir Richard Pearson for a character, and I expect one this evening.

Court to Gray. You represent this one Lascar to have told you this story? - Yes, Sir, so as I could understand him, he can speak English so as a good many can understand him.

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-94

814. JOHN BROWN was indicted for feloniously assaulting James Harris , on the King's highway, on the 26th of July last, and putting him in corporal fear and danger of his life, and feloniously taking from his person and against his will, one watch with the inside and outside cases made of silver, value 40 s. a stone seal, value 12 d. a base metal watch hook, value 6 d. and a key, value 1 d. his property .

(The witnesses examined apart at the request of the Prisoner.)

JAMES HARRIS sworn.

I am a journeyman baker , I was robbed on the 26th of July, in Lime-street, Spittal-fields , between twelve and one, I was going home, I was as sober as I am now; I was knocked down by another man, I got up and ran away from him, that was just before, about a minute; the prisoner met me, and asked me what was the matter, I told him a man had knocked me down and used me ill, immediately he whipped my watch out of my pocket and ran away.

Did he speak to you by your name? - No.

Was it dark or light? - Star-light.

Are not you mistaken as to the man? - I am pretty sure I am not.

Have you any doubt at all about it? - Not in the least.

Are you clear that is the man? - Yes.

Now you have looked at him again, do you continue satisfied that he is the man? - Yes.

What sort of a watch was it? - A silver watch, I took him up the next day, he said nothing more to me than I have related, he did not ask me to deliver my money or watch, or anything.

Mr. Keys, Prisoner's Council. What day was this? - The 26th of July.

What day of the week? - On Tuesday morning.

What time of the night? - Between twelve and one.

I believe you had been drinking pretty freely? - Not above a pint of beer the whole evening.

Have not you expressed a doubt about the prisoner? - No.

Do you know one John Newton ? - No, I cannot say I do.

Have you had any conversation with anybody about the prisoner? - Yes, he has sent to me to make it up.

Is not there another person in that neighbourhood, that is like the prisoner? - Not that I know.

Court. Did I understand you right, when you said no violence was used to your person by him, but that he barely snatched the watch out of your pocket, and returned it again? - Yes.

Did you see the other person that knocked you down and him together? - No.

HENRY HALE sworn.

I attended the Rotation-office, at Whitechapel, I went to apprehend the prisoner the next day, the prosecutor picked him out from several other prisoners.

I am the brother of the prisoner, I came home on the evening of the robbery between eleven and twelve, and my brother was in bed, I went to bed to him, I am sure he did not go out that night any more.

Where do you live? - Great Eagle-street Spital-fields.

Court. What night was this? - The 25th of July.

Are you sure it was the 25th of July? - I am no scholar, any further than I got a gentleman to put it down to the best of my knowledge, my uncle put it down.

How came that? - Because my brother being in trouble, he put it down for a memorandum, it was on the Monday night.

Court to Prosecutor. What night was it you was robbed? - Between twelve and one on the Tuesday morning.

Court to Brown. When was it you desired your uncle to put this down? - The day after, or in the course of the week.

Court to Jury. From the evidence there does not seem to be that sort of violence that will constitute a highway robbery, it is a felony.

GUILTY Of stealing, but not violently from the person .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-95

815. SARAH COOPER was indicted for feloniously stealing, on the 27th day of July , one watch, with the inside and outside cases made of silver, value 20 s. a string, value 1 d. a piece of a silver seal, value 2 d. and a key, value 1 d. the property of John Craig , privily from his person .

JOHN CRAIG sworn.

On the 27th of July, about half past twelve at night, I was coming from the Strand , and the prisoner came up to me, and wanted me to go to Westminster with her, and I went into a little alley; she stopped me, and as I was coming out she asked me again to go with her, I told told her I could not go with her, and she laid hold of me, and hawled me, and when I parted with her, I found my pockets turned inside out, and I missed my watch directly; then I ran back and took hold of her, and asked her to give me my watch, and she began swearing, and brought a great mob of people, and they all came round me; I called the watch, and the watch came and took her into custody, and searched her, and found the watch.

Where was your watch? - In my waistcoat pocket.

How came you to carry it there? - The glass of it was broke, and there were no hands upon it, so I had it in my waistcoat pocket, open; this is the very watch; I had it about a fortnight before, I am very sure of it; I know it by the condition it is in, without the glass, and no hands; I did not give her the watch.

RICHARD DORRINGTON sworn.

I searched the prisoner, and found the watch in her pocket; she said she had the watch in her pocket, but she would not give it till she went to the watch-house; she said the man gave it her, but he denied it.

PRISONER's DEFENCE.

I had lately come out of the workhouse, and I was very distressed, I met this gentleman coming along the Strand, I asked him where he was going, he said home; I said, I wish you would give me something to drink, and I asked him for two shillings first, and he said he would give me two

Court to Prosecutor. Was you perfectly sober? - I had been at the Whitehorse Inn, in Saint Martin's Lane; I was not in liquor; I never knew my watch was gone till I came out, and saw my pocket turned out; I was not above three minutes from the first time I saw her; when I was coming out of the Alley she met me, and laid hold of me, I told her I would not go with her, and she snatched it out of my pocket.

GUILTY, Of stealing, but not privately .

Privately whipped , and confined to six Months hard Labour in the House of Correction .

Reference Number: t17850914-96

816. JANE LANGLEY and MARY FINN were indicted for feloniously stealing, on the 29th of July last, five guineas, value 5 l. 5 s. and 9 s. and 6 d. in monies numbered , the property of Robert Robinson .

ROBERT ROBINSON sworn.

On the 29th of July, about ten, I was robbed in Blackhorse-yard ; I I was going home, and I met the prisoner Langley in Nightingale-lane, and she asked me to go home with her, accordingly I returned, and she took me to Mary Finn 's in Blackhorse-yard, and I set down in the house five minutes; I felt something in my pockets, and I jumped up, and felt in my pocket, and missed my money; I was not any way disguised in liquor; I had the money after I went in not five minutes before; I had it in my hand; they ran out of the door, and a man who stood in the door-way before I was robbed, tripped up my heels, and set his feet on my breast as I was going out; I never recovered any part of my money; they offered me four guineas of the money afterwards, but the justice told me I must not take it; it was the day they were sent to prison; they were taken three days after the robbery, and they sent a man with the money; I had seen both the prisoners before.

By what light did you see them? - By the light of the lamp; I am quite sure they are the two women; I looked at the place where I sat, there was no money there, I looked on the bed, and there was none there.

Did any thing pass between you and either of them before you were robbed? - No; the prisoner Mary Finn struck me before the Justice, and gave me a black eye, and before the Justice Mary Finn said that she had two shillings of the money, and that the other had all the rest.

What did the other say? - The other said nothing.

Did either of them deny being in the room with you? - No.

PRISONER LANGLEY's DEFENCE.

I served two years to my business; I had been to carry some work home, coming along the man met me; he took hold of of me; I said I was going home; he said he had been robbed in this place; I do not know by whom; he had been knocking at several peoples doors; he followed me home, and I stopped, and got me a halfpenny candle, and I went and unlocked my door; this man followed me in, he sat down on a box that stood by my bed-side, I told him, says I, I will be very much obliged to you to go out of my house, I wanted to go to bed, he asked me for a bit of candle, and I locked my door and went to bed; he never took me up till Monday, and then I asked him what for, and he said he had been robbed, and whether it was us or not, he would make us pay for it.

MARY FINN 's DEFENCE.

He put two shillings into my hand to shew him where he was robbed; I told him I did not know: he went round to every place; he was very much in liquor; he asked three guineas to make it up.

Court to Prosecutor. Had you lost your money before you fell in with these women? - No, I never saw them after I was robbed.

I live in Blackhorse-yard; I am a Smith by trade, a journeyman; I work there with one Mr. Callian; I know a good deal of the affair; -

Court. Let the other witnesses for the prisoner go out of court till they are called.

Smith. On Friday night, about a quarter after eleven, I was standing at one Mrs. Taylor's door, who keeps a chandler's shop, a man came and knocked at the door facing that, which is a farrier's shop, Mrs. Taylor says, what do you want there, says he, I have been robbed of my money, Mrs. Taylor says, you have not been robbed there, and I made answer, and said, good man, you could not be robbed here, for that is a farrier's shop; there is nobody lives there; with that, he says, I am sure I have been robbed here, then, says he, I have been robbed some where about here; says I, do you know who robbed you, why, says he, it was a tall woman, with a dark complexion, and her hair was very curly here (and he put his hand to his head, as I may do now) and a man; I said, should you know the party again, I do not know whether I should or no, says he; but are you sure they robbed you, says I; yes, says he, because I felt a woman's hand in my pocket, and she slid it away, and the man put his leg out, and he tripped me up, and I fell down, and I could not see any more of them; with that the prisoner, whose name is Jenny Langley I think; I know all my neighbours; I know her very well by sight; I never spoke to the woman before that night she came to the chandler's-shop; but whether she bought a candle or no I do not know; says she, I am going home; this good man that stands here says, I will go home along with you if you have a mind, she says yes, with that they went to her lodging, and I am obliged to go by their door to go home; I bought a candle at the chandler's-shop, and went home into the prisoner's apartment to light it, and I looked at the man, and I says to him, good man, you are the man that was robbed; yes, says he, and I have got no money now; he was i woman's apartment; no body was in the room besides the two prisoners; the woman makes an answer directly, and says, then if you have no money you cannot expect to stay here, go about your business; he directly replied, I have no money, for I have been robbed of five guineas and odd.

Court. What was the woman's name whose shop you was at? - Mrs. Taylor, I expect her here.

Whose house was it that the man was knocking at opposite? - I do not rightly know the man's name; he has a shop facing Mrs. Taylor's; he lodges at Mrs. Taylor's; he knocked at the door a great while, almost fit to split the door down.

Was there any body else of the neighbours that was alarmed and came out? - Yes, there is a woman.

What is her name? - I do not know, I should know her if I was to see her.

Prisoner. Her name is Mary Jones .

Court to Smith. Was she present when the conversation passed between the prosecutor and Mrs. Taylor? - No, nobody was present but Mrs. Taylor; this woman said the prosecutor came and knocked at her door.

How long have you worked in that neighbourhood? - Better than a twelvemonth, a twelvemonth last August.

You know the neighbours very well then? - I keep but a little acquaintance with any of them.

Whose house did this prisoner Langley live in? - I do not know the name of the landlord, Mary Finn lives over the broad-way, she does not live in the same place with Langley.

How far is that off? - As far as it is from here to the pump going to St. Sepulchre's.

Did you see her at all that night? - No, I did not.

How long have you known Langley? - I believe I have known her about three or four months.

Do you lodge there as well as work there? - I have a house there, I have a little house, and I live in there, my wife and I.

Is your master here? - No, he has lived in Black-horse-yard ten years.

How do you spell your master's name? - Upon my word I do not know, I am no schollar, Kellyan.

That is not an Irish name, Kelly is? - His name is Cornelius Callagan .

Then you did not see anything of Mary Finn that night? - No, I did not, I never saw any harm of either of the women, they always behaved as they ought to do.

This man said he had lost all his money, and he had no money left? - Yes.

Then it is not true that he gave Mary Finn two shillings, to help him to look for his money with a candle? - Not while I was by.

Court to Robinson. Did you ever see that man before? - Yes.

Where did you first see him? - The first time I saw him was at the King's Arms in East Smithfield, the day that the prisoners were taken up.

You did not see him before? - Not to my knowledge.

He was not at the door and tripped up your heels? - I have no recollection of that man, he came up and offered me four guineas to make it up and not to appear, and I sent in to the Justice.

What did he say? - He offered me four guineas not to appear against the prisoners.

Was any body present when he made that offer? - Yes, there was one Brown, that was with him, and one Mr. Burton, a master blacksmith at Blackwall, but he is lame and not able to come.

Was there anybody present with you here now? - No, Sir, nobody at all, this man himself went to the Justice, to ask whether I might take the money or not.

Court to Smith. How came you to make this offer on behalf of the prisoner? - My Lord, I never made such an offer.

Then this is false? - It is as false as God is in Heaven.

You recollect there are two witnesses in this case, mind, though Mr. Burton is not here now, he can be found hereafter; now will you swear, you never made such an offer? - I will, all my goods and clothes would not fetch it, I did not make the offer.

You swear that positively? - Yes, neither did I go to the Justice, I was not with them when they took the girls up.

Were you ever, at any time with the prosecutor at the King's Arms in East Smithfield? - I saw him there, he came in there, but I never spoke to him, nor drank with him, he gave the girls something to drink.

You never spoke to him in the King's Arms? - I never spoke to him in the King's Arms.

Then you positively swear that you never made him such an offer, nor never spoke to him at the King's Arms? - I never did; at the Brown Bear I spoke to him, we had sixpenny-worth of gin and water, or something, I do not know what it was.

Did you make him that offer at the Brown Bear ? - No.

What conversation passed? - I will tell you; there was one Brown, and he and I went over to the Brown Bear , and there was the prosecutor and another man sitting, and I called for a pint of beer, and we had sixpennyworth of something, and he offered his own self, that if the girls would make the four guineas up before the trial came on, he would not appear against them, with that I said, I would go and speak to the girls, and I went to the girls where they were in the lock-up place in the King's Arms, and they said they could not do any such thing, they had no money, they were not guilty, and could not get any money.

Then it is not true that Robinson sent over to the Justice's, to ask whether he might take the money or not? - I do not know.

Court to Robinson. Was it at the Brown Bear , or the King's Arms, that he offered you the money? - It was at the Brown Bear .

ELIZABETH TAYLOR sworn.

I live in East Smithfield, just by Nightingale-Lane, in Wapping parish.

Do you know the prosecutor of this indictment? - I have seen him before, I saw him on the Friday night, he said he was robbed.

Where did you first see him that night? - The first time that ever I saw him, was in my own shop, my shop was shut up, and I was just going to bed, I was putting on my night cap, it was a few minutes past eleven.

Court. Let an officer go out of Court with Smith, and mind, do not let him go away, he may be wanted again.

Elizabeth Taylor . The prosecutor pushed open the door and came in, I was putting on my night cap, says I, pray master what do you want here, says he, mistress, I am robbed, says I, pray master do not come here, nobody has robbed you here, here is nobody else lives here but me, and my children; says he, I was robbed at your door by a tall very remarkable woman, and a man; says he, I should know the woman if I was to see her among a thousand, says he, the woman is very remarkable indeed, she is quite a black complexioned woman, and her hair grows over her forehead all rough; says I, master, I know nothing of it, here is nobody here, and I ran round the counter, and shut the door too, and shut him out, and he went two or three doors by me, and he knocked at some doors, different doors, and he said he was robbed, I heard him say so when I was within; there was a farrier's shop opposite to my door, and he went over there, and kicked, and knocked, and I opened my door again, and said, good man, do not go there, there is nobody there but a parcel of men, that have been in bed three hours, then he went to a house were there was a very old man, and an old woman, and there he said, he was either robbed there, or at the chandler's shop door, then this old man told him he was not robbed there, the old man was in a passion with him, and he pulled off his shirt, and he beat the prosecutor.

What did Robinson do upon that? - The old man brought him to me again, with a candle in his hand, says he, Mrs. Taylor, this man says he is robbed, says I, do not bring a drunken man here, you know nobody could rob him here; this old man's name is West, and as we were talking in came Jenny Langley for a candle, and she says to me, Mrs. Taylor cut me a candle, I cut her down a candle, and this man, and the old man were at my door, and then Smith and his wife came into my shop at the same time, while Jane Langley was getting the candle, they were in my shop just before she came in for the candle, and I cut them a candle, and this man, the prosecutor, turns round to Langley, and said, I will go home with you my dear, but I have been robbed, I have no money but fourpence in the world.

Court. He made the first offer then? - Yes.

She did not ask him first? - No, he said he was robbed by a man and woman in the street, at this door, or some door nigh here; the prosecutor went with the young woman out of my shop, and I made answer to Smith and his wife, says I, I dare say that is some drunken bad man, now he will go and rob Jenny, now she has got a few things about her, and is a little tidy; says Smith, I will take care he shall not, for she is a quiet honest harmless girl, I will go and tell her as the man says he is robbed, to turn him out, and he bid his wife to stop in my shop the while, and Smith went, and when he came back, he said the man was standing at Jenny's door, and talking to her, and wanted to stay with her all night, and she said he should not, and shut the door, and shut him out, I know nothing further, this was on Friday night, and on the Monday I saw this man again.

Where is the old man? - He is in the country, hopping; Smith's wife and he came in together, while the prosecutor and the old man were quarrelling at the the door, then Jenny came in and asked me to cut her a candle.

Do you know her? - I know her very well, I did not see her that night.

Did not Smith take a candle from your shop? - Yes, Smith took a candle from my shop and lighted it, and he had a quartern loaf and a quartern of cheese.

Do you remember his helping Robinson to look for the money that he had lost? - I do not know, I did not go there to look, I shut to my door after Smith went to Jenny, and Smith came in again, and told me that Jenny had turned the man out, he had a candle and lighted it, and went out of doors somewhere, and then came back to his wife, I was affraid and shut my door.

Did Smith help or offer to help him to look for it with the candle? - I don't know, he lighted the candle and went out after the prosecutor had gone home with Jenny Langley .

Was there anybody present but Smith and his wife, and the old man and the prosecutor? - Nobody else.

Did Smith and his wife leave your shop both together? - Yes, at the last they did.

How long was that after the prosecutor was gone? - I suppose four or five minutes after he went out with Jenny.

Did you hear him charge Jenny Langley with the robbery, while Smith was with you? - No, I did not, he said he was robbed, but he said he would go home with Jenny Langley , he said so to her, he said he would stay with her all night, but he had no money; and she told him he should not come, and he said he would; on the Monday I saw the man afterwards, Mary Finn and another young woman that lives next door but one to me, came for some coals, there is some steps go up into my shop, and as I was bringing up the coals, they sat upon the steps, and the prosecutor and another man came in, and he says to me, pray do you know one Mary Finn hereabouts, yes, says she, my name is Mary Finn ; says he, I was robbed somewhere about here last Friday night, and you may be one of them that did it for what I know; why says she, did you ever see me before, says she you would not say I robbed you, would you; says he, I will go and give charge of you now, if you do not give me some of my money back, says she, I never had any of your money, nor none I will give you, and if you have the impudence to go to a Justice, I will go with you, and he went to the Justices, and she with him.

Who was the man that was with him? - I do not know.

Was anybody else present at this conversation but you? - I do not know that there was.

Jury. When you was affraid that the prosecutor might use this young girl ill; Smith said he would care take he should not? - Yes.

And he would go along with the girl? - Yes.

He came and told you, the girl had turned the prosecutor out, and shut the door? - Yes, he went down on purpose.

Court. Call in Smith again.

Court to Smith. You say that the first you observed of the prosecutor was seeing him knock at the farrier's door opposite? - That was the first of my seeing him, I cannot recollect seeing him before, I then entered into conversation with him, and told him he had not been robbed there, then he came over and talked to me, at Mr. Taylor's door, he said it was a very tall woman, with a very dark complection, and her hair was very rough, and he put his hand to his head, and a man; and that he felt the woman's hand in his pocket.

When the conversation passed between you and the prosecutor, as you have told us, I think you say nobody was present but Mrs. Taylor? - Mrs. Taylor was at the door, but I do not remember any body else.

How long was it after the prosecutor went home with Langley, that you went afterwards there to light a candle? - I look upon it not to be above ten minutes.

Where had you staid then? - I was standing talking to Mrs. Taylor.

When you went to Jenny Langley's to light your candle, where did you find the

prosecutor and her? - He was sitting at a table or a stool in her appartment; I left them in the room together, but as I crossed over the way, I saw him go away.

If Jenny Langley, as you say, was no acquaintance of your's, how came you to go to her apartment? - I went to light my candle.

Had you any other business there, or did you go there for any other purpose than to light your candle? - I did not so help me God.

Positively? - Positively I did not.

Mrs. Taylor keeps a chandlers shop? - Yes.

Pray did you buy any bacon and eggs at her shop that night? - I cannot rightly say whether I did or not.

Did you go to Mrs. Taylor's shop after you had been to light your candle at Langley's? - No, I did not, I went home directly and went to bed.

Then if you bought any things there, it must be before? - Yes, it must, for I went home directly, and went to bed.

Are you a married man? - Yes.

Was your wife at home? - Yes.

Was she at home all that evening? - She is seldom at home till it is lateish.

What time did she come home that evening? - I cannot tell rightly, about ten o'clock.

Was she alarmed at this, did she come out upon the occasion? - I cannot rightly remember, but I went home and went to bed.

She was at home when you went home from Langley's to go to bed? - Yes.

Court to Jury. Gentlemen, I fancy I need not go any further in this cross-examination, I dare say you are very well satisfied? - Yes, my Lord.

MARY JONES sworn.

On Friday night my husband and me were in bed.

Court. Before you give your evidence, hear what I have to say to you; be cautious what you say, I have two other witnesses that have been examined before, you have not heard their examination, they have contradicted each other very materially; I wish to save you from the guilt of perjury: I have ordered them to be detained in Court, with an intention of committing them to Newgate for perjury, if the Jury does not believe their evidence, and if you should give an evidence that the Jury should not believe, you will share the same fate; now, with that caution, if you wish to be examined, it is upon your own head.

Mr. Jones. I shall speak nothing but truth; on Friday night about a quarter after 11; I was in bed and asleep, and my husband likewise, and some person knocked at the door, I asked who was there, and the man said he was a friend, and I immediately asked him what he wanted; he said to come in doors; my husband asked him what he wanted; he said no more; he went to the next door to Mr. West's, who is an elderly old gentleman, and his wife is old, and she spins; he knocked at the door and begged for a bit of candle, and they gave him a bit, and he came to my door again with a light in his hand, and I said to my husband, get out and see what the gentleman wants, and he got out in his shirt, and I got out in my shift, and stood behind the door, and my husband said, friend what is that you want, and he said he had been robbed, and my husband said, friend, was you robbed here, and he looked about a bit, and he said no, he was not; he went away, and I shut the door and went to bed, and I know no farther.

Were you at the Brown Bear when Smith was there with the prosecutor Robinson? - No, Sir, I was at the King's Arms.

THOMAS COSSUM sworn.

I live in Mountague-street, White-Chapel; I am a housekeeper, I am a tambour worker; I have known the prisoner Langley ever since the expiration of her apprenticeship, that was in 1777, she has worked with me three different times; I have trusted her with every thing I had, and she behaved honest and just.

Prisoner Finn. Ask the prosecutor if he did not pawn his watch that night to sleep with a girl three doors from me.

Prosecutor. I have not had a watch for these fifteen or sixteen years, and more than that I slept at home that night.

JANE LANGLEY , GUILTY, Of stealing, but not privately.

MARY FINN , GUILTY, Of stealing, but not privately .

Court. In the first place let the officers take Smith and Taylor into custody, and commit them to Newgate.

Court to Prisoner. Now as to you prisoners, I think it right that these persons who have been the hearers of your defence, and of your trial, should also be the hearers of your sentence, for this Court has always made it a rule, wherever they detect persons committing the crime of perjury in order to clear prisoners, to punish those prisoners who set up such defences in the severest manner; had you been convicted of this offence unaggravated with the crime of perjury, the Court would probably have thought, that whipping each of you, with six, or at most twelve months confinement in the house of correction, would have been a sufficient punishment of your offence, but the Court consider your perjured defence, in which opinion I must entirely concur with the Jury, so great an aggravation of your guilt, that the Court must pass an additional punishment upon you; therefore the sentence of the Court is, that you and each of you be transported beyond the seas for the term of seven years to such place or places as his Majesty, by the advice of his Privy Councel shall think fit to declare and appoint .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-97

817. JOHN WILSON was indicted for feloniously breaking and entering the dwelling house of Lewis Ducrog , on the 28th day of August last, about the hour of three in the afternoon, one John Perry being therein, and feloniously stealing therein 1800 copper halfpence, value 3 l. 15 s. the property of the said Lewis .

LEWIS DUCROG sworn.

I live in Fleet-market , the left hand side, I am a tallow-chandler ; on the 28th of August last, during my absence my house was entered, and my property taken out of the cupboard in the parlour, which was broke open, to the amount of eight or nine pounds; I left my house at a quarter before three; there was nobody at home when I left it, the door was fast.

Were all the windows fast? - I cannot say with certainty, I heard nothing of it till between seven and eight in the evening; the property was afterwards found in the necessary in Poppin's court; there was four pounds worth restored to me, the other part I saw at the Eagle and Child in Shoe-lane, and is now to be produced, there were fifteen papers of halfpence, I saw them there.

JOHN KELLEY sworn.

I live sometimes in lodgings, on the 18th of August last, I was at the prosecutor's house, he desired me to come and look after it; on Sunday I got the key from his father's, none of the family were within, I unlocked the door and locked it after me, I went up stairs to the kitchen and laid the key upon the table; I staid there till four o'clock, and then I heard a noise below stairs; I came down and found the door wide open, and I saw a man stoop down and pick up a handkerchief with a great bulk, I cannot say what it was; he took it from the bottom step of the stairs, and I saw him take it up and run away; I asked him what he did there, he made something of a droll answer, but I could not understand, being hard of hearing; and before I could ask another question he was gone; then a gentleman came to the door and asked me if I belonged to the house; I said yes; then says he the house is robbed; I said how could that be when I was in the house.

Court. How could you doubt that the house was robbed, when you found the door open? - I thought it was something

belonging to himself that he snatched away; then a young man came, and we found the outside door broke open, and the property that was is in it gone; I saw but one man.

Look about, and see if you see him? - I cannot see him.

Look at the prisoner, and tell me whether that is the man you saw? - That is not him.

Court. Were the windows below stairs fast and shut? - I did not examine at all.

Mr. Garrow, Prisoner's Counsel. You should know the man that you saw in the house from ten thousand, should not you? - I think so.

You are sure this was not the man? - Yes.

WILLIAM CHITTY sworn.

I saw the prisoner come out of the house of the prosecutor with a bundle in his hand, on Sunday the 28th of August, as nearly as I can recollect, about half past three, or a little before four; I was within a yard, he passed me very quick.

Did he run or walk? - He ran, and I ran after him through several turnings about Shoe-lane, till he came to New-street, and I followed him down another court into Shoe-lane, near a public-house, but I lost sight of him near half a minute, and I was informed he was gone into this public-house, that was the Eagle and child; I went to inform the prosecutor's father-in-law, and he and I, with a constable, came up to the prosecutor: when we went in I saw the prisoner run out at the door that he went in at, and that we went in at; he was the same person I pursued; we were at the back part of the house wh en I saw him run out; he was pursued, and ran into a chandler's-shop about a dozen doors from the public-house, and the constable and two or three more followed him, and took him there.

Mr. Garrow. What are you by profession? - A hair-dresser, I live in Bell-Savage yard, Ludgate-hill.

Are you a master hair dresser; - I live with my father.

Is your father a hair-dresser? - Yes, I am not a master, I am journeyman to him.

Were you alone in Fleet-market? - Yes.

Did you know this man before? - I never saw him before.

How long was he in your sight before you lost him? - Not above a minute.

How long was he out of your sight? - A whole minute.

So that a man passing quickly by you, and who was in your sight about a minute, you swear to him? - I think I can.

Am I to understand you have some doubt? - I think I can positively swear to it.

Can you swear in a case that affects a man's life? - That was the person that I saw for a minute, one person is like another, I should be loth to be too positive, I can only say to the best of my knowledge.

How often was this young man examined before a magistrate? - I do not know, I was not at the examination; I was not known, they did not know who I was, he did not know me notwithstanding I lived in the neighbourhood.

How did they find you out to go before the Grand Jury? - It was mentioned at a shop in the neighbourhood, and they said the person that gave information to Mr. Cover was absent, and they did not know who it was; and the shopkeeper said I can tell you who it was, it was young Chitty; that was about three days after the Sunday that the prisoner was taken up.

When was he committed? - I heard the day after.

How long might the person that you watched in the Eagle and Child have continued there, while you went for Mr. Cover and the constable? - About ten minutes, Mr. Cover lives a few doors from the prosecutor's.

You never shewed yourself to Kelly on the Sunday? - After the person was taken into custody I went about my business; I am quite a stranger to these matters; I did not know whether it was material or no.

Court. You did not know that Mr. Cover did not know you personally? - I

I am a relation to Mr. Ducrog, on Sunday the 28th of August last, Chitty came to me, I did not know him, at that time he came to inform me, that he saw two men come out of Mr. Ducrog's house with bundles, and that he had watched one of them to the Eagle and Child in Shoe-lane, we went there with the constable, we went into the house, being informed there was a very suspicious person in the back-room, and when we went in he was not to be seen; after a very little time there was a cry in the passage, here he is! here he is! my situation at that time was quite at the further part of the room, at the back of the house, expecting he might have got into the yard on that cry, I ran out as fast as I could, and saw a man running in the street; I run into the house; I had never seen his face till I saw him in the room where he was taken.

Did you find any property at the Eagle and Child? - I saw a handkerchief with halfpence in it, but I cannot say whose possession it was in, he was fastened in the room, I believe the constable broke the door, he said he had nothing there but what was his own, and denied knowing any thing about it, and said we might search his lodgings.

Mr. Garrow. Were his lodgings searched? - Triflingly searched, and there was nothing found, there was a pistol and vast quantities of keys hanging about, he denied at first giving any account of himself, at last he said he was a locksmith.

HENRY CLARE sworn.

On Sunday in the afternoon, I came home very near four o'clock, I live at No. 7, Robinhood-court, Shoe-lane, and they said there was a thief run in there, and that he was gone into the Eagle and Child; I went in for the paper, I went backwards, and the prisoner was sitting having part of a pint of beer, and according to the description this was the man, I said nothing to him, I went out of the door, I did not take notice whether any thing was besides him; I told the constable and the people that I thought he was within, and said I will stay at the door, I had the paper in my hand the mean time; I went in and said to the mistress of the house, these gentlemen are come in to see if that is the man; the prisoner came to the bar, and said what is the matter, he pushed by me, and ran as fast as he could, and I called to them that were backwards, and they came out directly after, and they followed him home to his own lodgings, where he run in, and I followed him up stairs, I never lost sight of him till he ran into the house, I heard somebody running before me up stairs, and I called to the constable to come up stairs, and he was taken there; the constable burst the door open, he had locked himself in, they knocked several times at the door, but he did not answer; when the constable began to burst open the door, he said what is the matter, I'll open the door, and he opened the door, and the constable said, you have a thief in the house, says he, I have no thief in the room; I looked at him, and said this is the person that was at Mrs. Brown's, take down the pistols from the mantle-piece, there were pistols over the mantle-piece.

NOAH DELFORCE sworn.

I live in Blackhorse-alley, Fleet-market, I was standing at master's door, on Sunday in the afternoon, and two men came running up the court, there was a gentleman in a blue coat and red cape, running after them, that was Mr. Chitty; he said he saw the two men come out of the tallow chandlers, they ran up the court, and they had a bundle under each of their arms, and a stick in their hands, they ran up Fleet-street, we ran after them, there we lost one of them, we ran up King's-head-court, there we met one of them coming by the King's Printing Office, with a bundle under his arm, I am quite sure that is one of them; a man in half mourning cried that is the gentleman,

then he ran back through Robinhood-court, and I saw him go into the Eagle and Child in Shoe-lane.

SARAH GRANTAM sworn.

I lived at the Eagle and Child when this affair happened, but I am come away since; I saw the prisoner in the Eagle and Child, he had a bundle in his hand, and put it under his coat, and when he saw somebody come in doors he threw it down.

Did you see him come in? - No; I cannot say who took up the bundle, I ran out with the mob, I know the bundle if I see it, I am sure this man at the bar is the man that had the bundle, he had a kind of half mourning coat when he came to our house, but he changed it when he got in his room.

BENEZER BROWN sworn.

I was sitting in my parlour, and I heard a bustle, and I went backwards and found this bundle of halfpence, I did not see the prisoner.

CAROLINE HEMMINGS sworn.

I live on New-street-hill, I was standing at my own door, the prisoner came by, and asked to leave a handkerchief there, I told him he was a stranger to me, and I would not have a handkerchief left, he said a person he owed a little money to was after him, I told him it should not be, I did not know him, I am sure the prisoner is the person.

JOHN STOCK sworn.

Between three and four in the afternoon I heard a noise, and I went down to see, and I saw Mr. Cover and Mr. Chitty talking together, and they asked me to go with them, I said we had better have a constable, so I fetched Mr. Rush the barber, in Shoe-lane, so we went to the Eagle and Child, and we walked backwards, the tap room is backwards, we turned ourselves about, but we could not see the person we were looking for, while we turned about, somebody said there he goes, there he goes; Mr. Clare run first after him, when he first went into the house where he lodged, he locked himself in, we went and searched for him and found him in the two pair of stairs, and the door was fast, we could make nobody hear there; we were going up further and somebody says he is in that room I believe, it was some child; the constable said if you will not open it, I will break it open, and the constable forced the door, he was stood up in his shirt sleeves the prisoner said what is all this about, says I we came to look after such thieves as you, and I charged the constable with him, we searched the house and found a little bunch of keys, and there was a box, I insisted upon having it opened, there was a pistol hanging over the chimney, there were several old locks in the box, and small keys in bunches, then he was taken away.

What coat did he put on? - I cannot say.

Clare. He put on a kind of a sky blue coat, and there was an old great coat that hung over the other.

He was without a coat? - Yes.

Where was the coat he had taken off? - I cannot tell, I did not find it, I did not look for it.

Prisoner. They searched the room when they came in, and they found no other coat but the one that hung up, and a great coat, I never had a grey coat in my life.

Mr. Garrow. The constable looked expressly for that coat did not he? - Yes.

He could not find it? - No.

Prisoner. My Lord, and Gentlemen of the Jury, on Sunday I went into the Eagle and Child, there was one John Fisher that will be called was there.

MARY DAVIS sworn.

These are the halfpence I tied up, I know them by the way they were tied up, I never saw any tied up so before.

(The halfpence handed up to the Court.)

Court. What is there particular in this tying up? - I always tie them up in half a sheet of white brown paper.

How do other people tie them up? - In coarse I believe, I did not tie up this blue paper; I can take my oath these are my tying up.

Mr. Garrow. You was examined before the Alderman? - Yes, I there swore these bundles were my tying up.

Prosecutor. That young woman generally does tie them up.

PRISONER's DEFENCE.

On Sunday the 28th, I went into the Eagle and Child, and called for a pint of beer and the paper, I did not see the girl; immediately as I went in a man got up from his seat, and went hastily out of the house, I went and sat in his seat, I went out after I had drank my beer, I went into my own room and laid down, and pulled off my coat and hung it up; they knocked at the door, I opened it directly, they searched the bed and every place, they took down a brace of pistols I had to clean for a gentleman who was here last night, but he was obliged to go into the country; at last the gentleman said he was sure I was the person, and I had a grey coat on, they looked all about and found no grey coat, I know nothing of it, if I had been guilty, I should not have gone to the house I had used in the neighbourhood where I was known.

Court to Clare. Was there any other man like the prisoner at Brown's house,? - No, Sir, there was nobody in the box but himself when I went in, there is one box with a hole in it four or five inches square, that looks to the street, the prisoner sat in that box; I never lost sight of the person that came out of Brown's house, there was nobody but himself before me, that went into the house where he was.

The prisoner called five witnesses who all gave him a very good character.

Mr. Garrow observed, that there might be amongst these half-pence a considerable quantity of bad half-pence, which would reduce the value.

Prisoner. My Lord, with submission to your Lordship, I have a witness that was in the Eagle and Child when I came in.

Court to Jury. I will hear the evidence of that witness, though a little out of course.

JOHN FISHER sworn.

(Examined by the Court.)

I live at No. 24, in Shoe-lane, I am a journeyman watchmaker.

Who do you work with? - Mr. Charles Allen .

Where does he live? - He lives at the house, No. 42, I have lived there fourteen years.

Do you know the prisoner at the bar? - I have seen him before.

Do you know the Eagle and Child? - Perfectly well, I was there about four in the afternoon on Sunday the 28th of August, I went in to call for a pint of beer, I staid, I suppose, about five minutes, when the prisoner came and called for a pint of beer, and sat down in a seat where a man had just gone from, just as I had come in and sat down.

Did you see that other man come in? - No.

What time did you go out of the house? - Just about four?

How long were you there before the prisoner came in? - I look upon it to be about five minutes.

Did you see the other man go out? - Yes, just as this prisoner sat down.

Did you see any bundle? - None at all, not till after the prisoner came in a second time, the prisoner went out a little time after the other man.

How long did he stay out? - I look upon it about five minutes before he was brought in by the constable; I did not see anybody follow him out, there was a disturbance when he came in; there was a search for a bundle; somebody said a man had come in and left a bundle.

Court. Take care what you say; will you swear that before this prisoner went out of the house there was no bustle in the house? - As the prisoner was going there came in several people, and made a piece of work just about the time he went out, and in five minutes he was brought in; I did not see any bustle before he went out.

Upon your oath, did they not come in before the prisoner went out? - I cannot say, I did not take notice, I cannot take upon me to say, I do not remember any thing about it.

How long was the other man gone before they came in? - He went before the prisoner did.

How long was he gone before Mr. Cover came in? - I suppose near ten minutes in the whole.

Do you know the maid Sarah Grantam ? - Yes, I did not see her.

Do you know Mr. Brown? - Yes, I did not see him till after the half-pence were brought; I did not go out till after the prisoner was taken, I was in the tap-room when he came in, and when the other man went out I staid in the tap-room till the prisoner went out.

Court to Mr. Cover. Look at that young man? - I have been looking at him, I really do not think he was there, there were several women, and a man or two like a smith, but I do not think he was there at the time; I have no knowledge of his face.

Clare. I did not take notice of this witness; I took notice of two or three women in the box, and two or three men with them, but who they were I cannot say.

Sarah Grantam . I do not know this witness, I know he is an apprentice of Mr. Allen's.

Was he at your house at all on Sunday evening? - I did not see him at all; I do not remember his ever coming to the house at all; there were some people in the further box, the next box to where the prisoner sat, I cannot tell whether he was one of them; I am sure the prisoner is the man that put down the bundle, &c. and he knocked down some of his beer when he went out.

GUILTY Of stealing to the value of 39 s.

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-98

821. JAMES LINCH was indicted for feloniously stealing, on the 1st of August last, one silver handle of a knife, value 1 s. the property of Henry Cox .

A second count, for feloniously stealing, on the 27th of August last, one other silver handle of a knife, value 1 s. the property of the said Henry Cox .

A third count, for feloniously stealing, on the 2d of September, two other silver handles of knives, value 8 s. one silver table spoon, value 10 s. the property of the said Henry Cox .

HENRY COX sworn.

I keep the Mitre Tavern in Fleet-street , the prisoner was my porter .

HECTOR ESSEX sworn.

I live in the Strand, keep I a sale-shop; the prisoner came to my house about five weeks ago with a silver handle of a knife for sale, I asked him how he came by it, he said it was his own property, an old family knife, it was of no service to him, and he had broke it up for the sake of the silver; he made a creditable appearance, and I purchased it of him, and he came again two or three days following, with another handle, either knife or fork; he came without his hat, and a plate in his hand, which convinced me he lived in the neighbourhood, to look at some things we had for sale; when I found his residence, then I sent to Mr. Cox, and in the evening I called at Mr. Cox's, and asked the prisoner if he knew me, he answered no; I then produced these handles, and asked if he knew them, he denied having any knowledge of them; the box was sent for in the room where he was, and it was opened by himself, and there were some empty bottles, and a spoon, and two other knife handles, and some other things of inferior value, which I do not recollect; he immediately begged Mr. Cox's pardon, and said he had the spoon to take physic with; upon which Mr. Cox sent for a constable, and sent him to the Compter; he gave no reason for the knife handle.

from the prisoner? - I cannot tell which it is, I cannot positively swear to them, they being cut up.

Mr. Cox. When Mr. Essex came to my house we sent for the prisoner, and Mr. Essex accused him with these things, which he denied afterwards; I sent for the box, and he had the key of it; he opened it, and there was in it a spoon, engraved with Mr. Cole's name, Mitre Tavern, which is my property, I succeeded Mr. Cole; and there were the handles of two knives silver, and some bottles, they were my knife handles; he seemed to deny it, but I asked him what he did with the third knife handle that he offered to sell to Mr. Essex, he said, one of them was his; there were butter and cheese, and candles, and bottles, and several things.

(The spoon and the knife-handle deposed to.)

Mr. Peatt, Prisoner's Counsel. You say the name Cole is on the spoon? - Yes.

The Mitre tavern is a very old tavern I believe? - Yes.

I believe it is the custom of that house to serve all in plate? - Yes.

A great many of these spoons have been sold or lost at times? - Yes, some, but not lately.

You do not know the knife handles from any thing but their resembling the others? - No.

To Essex. You deal in old silver as well as other articles? - Yes.

PRISONER's DEFENCE.

Sir, I had the spoon up to take physic, there was physi c in my box, I had the spoon three days in the house, the box lay on one side where I used to clean the knives and they dropped in.

How came you to carry them to Mr. Essex to sell? - No, I do not acknowledge that.

Mr. Peatt to Cox. The key was in his box? - He lays in the room below stairs by the door, there is never a lock to it.

I am wife of James Campbell , on Monday the 18th of July last, about half past nine in the morning I was sitting at breakfast in the five parlour, the prisoner was at the door of the side parlour, I saw him put the box under his arm, and I ran and caught hold of his coat with one arm, and with the other caught hold of the box; I am sure the man that was brought back was the same man.

JAMES CAMPBELL sworn.

I was sitting at breakfast, and I saw the prisoner going out with the box under his arm, she immediately ran out and caught hold out of his coat with one hand and the trunk with the other; she called out a thief, a thief; he got from her, I ran after him sixty yards, I caught him, and brought him back.

JOHN EDWARDS sworn.

I took the prisoner, this is the trunk, I have had in charge.

(The trunk and things deposed to.)

PRISONER's DEFENCE.

I was going for some work, I saw some people running, and I heard the cry of stop thief, and they took me.

The prisoner called one witness who gave him a good character.

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850914-100

820. GEORGE DAVIS was indicted for feloniously stealing on the 15th day of August last, fifty-six pounds of tobacco, value 3 l. and one linen bag, value 6 d. the property of John Skynner .

WILLIAM CONWAY sworn.

I do the duty of a watchman, on the 15th of August about half after ten, I was going along, I observed a noise within the Rose Inn gates, and I stepped a little further on, and went down Chick-lane , I went into the penns, and waited twenty minutes; Mr. Skinner's manufactory is within the Rose gate; after I staid there about twenty minutes, I saw the prisoner come out with a bag, and he took it from the ground, I cannot tell whether he came out of the gates, or out of the next house, but I saw him take it up near the gates, within three feet, my attention was drawn another way, to a woman that stood just by, about two minutes, who I thought was going to be robbed; I asked him what he had, I asked him several times, and he would not give me satisfaction; when I was going to take him to the watch-house, he said he was hired by a man, to carry it up to Islington for a shilling, he told me a name that I cannot recollect; when he came to the watch-house he was searched, and some loose tobacco was found in the lining of his coat, and in his coat pockets, as full as they could stuff, and a piece of candle was found also, he said nothing more; the bag that was found contained tobacco.

EDWARD RYLAND sworn.

On the 15th of August, the prisoner was brought up to the watch-house, with this bag of tobacco, I searched him, and in each of his coat pockets this shag tobacco was, and in his waistcoat was this thick piece of candle.

BENJAMIN BROOKS sworn.

I am servant to Mr. Skinner, on Monday the 15th, in the morning, I found the ware-house doors open, I took particular care to lock it on Monday, on Tuesday morning I found it open again, and while we were looking about, the patrol came and asked if we had lost any tobacco, we could not miss that particularly.

(The tobacco produced by the constable.)

Constable. I have had it at the watch-house ever since.

Brooks. It is damaged tobacco, and over pressed, it has laid a long while with us, and it is dry.

Wilson. I swear to the tobacco, it was a particular hogshead that we could not manufacture, it was not to the sample, it was rather damaged.

But there might have been other damaged tobacco? - Yes, but it has gone through my hands so often, that I am clear in this tobacco, I could have said it was his tobacco if there were fifty hogsheads.

Do you know the bag? - I know particularly well moving that tobacco, and I covered it with that bag; I know the bag going through my hands so many times, but there is no particular mark, I cannot swear to the bag.

Mr. Garrow Prisoner's Council. You say very fairly you cannot swear to the bag? - No.

If you had seen this unmanufactured tobacco, where it might have been mixed with a great many other casks, would you have ventured to swear this to be your master's? - I think I could.

You might distinguish this from that which was not damaged? - Yes.

In what does this differ from any other hogshead of damaged tobacco? - There might be some like it.

Prosecutor. I had fifty bags of them, I cannot swear to the bags, I know the tobacco.

Mr. Skinner, I shall not despair after this, to hear a man swear to a tumbler of water; be so good as to give some reasons to the Jury? - This tobacco was sent to me on the 15th of November, and opened in the month of November, and there it has laid ever since, and there is never a manufacturer in London would keep this tobacco so long in the state I have done; I can swear to it among twenty hogsheads, I certainly know it as well as if it was a fixture to my house, and marked.

Now you argue that no other manufacturer in London would have kept it in that state? - Because it is an article they use more than I do; this is a tobacco for snuff, I have more of this sort than I could use.

Will you undertake to swear this is not Fletcher and Yeates's? - No, it was not, because it was in my warehouse.

I do not like to treat a man of character, as I am obliged to treat you; do you know, of your own knowledge, that it is not Fletcher and Yeates's; their warehouse as I recollect, is within two or three hundred yards of your place? - No, it is more than that.

I ask you as a man of conscience, knowing that they had at that time tobacco of that sort, can you say it was not this? - This is dry.

Do you know theirs was not dry? - I do not.

For all you know, they might have had some precisely like this? - I cannot say.

I do believe that you have the most conscientious persuasion it is your tobacco? - Yes.

I will be bound for it you have; but I must advert to my old course, I see there is no discriminating; will you venture to swear that is your tobacco? - I will.

I ask you upon your oath, in what does that differ from the tobacco, which you know was in possession of Fletcher and Yeates? - Because the case was packed up loose.

- CHAPMAN sworn.

I know this tobacco by the quality of it, I believe it to be my master's property.

Supposing a man had been found with this tobacco, at the warehouse of Fletcher and Yeates, could you have sworn then it was Mr. Skinner's? - No Sir, no such thing.

PRISONER's DEFENCE.

I was coming along, and a person asked me to take this to Islington for a shilling, they had some in a handkerchief, and they asked me to put some into my pocket, he was a stranger to me; I asked him his name, and he told me his name was Farmer, I could not rightly tell, but I was glad to earn a shilling, I am as innocent as a child.

821. ABRAHAM DAWSON was indicted for feloniously stealing, on the 9th Day of July last, one silver watch, value 40 s. one seal, value 1 s. one key, value 1 d. and a hook, value 1 d. the property of Edward Robinson .

EDWARD ROBINSON sworn.

On the 9th of July last, about eleven in the evening, I was going home to bed, and in Fleet-market , the prisoner met me, and he gave me a jostle, and snatched my watch from my pocket, I followed him, and I found him laid down flat on his face; I saw Woodward get the watch from Barragen; the prisoner was never out of my sight.

JOHN BARRAGEN sworn.

As I was going down Fleet-lane to the market in July last, I heard the cry of stop thief, and the prisoner came with the watch, and cried stop thief; I took the watch out of his hand, I am sure of that, and gave it to Charles Woodward .

Prisoner. That man and I had a long scuffle; I challenged him, and the thief got clear away.

CHARLES WOODWARD sworn.

As I was coming down Fleet-lane I saw the prisoner call stop thief; he was running, so I ran up to the side of him, and there was another man met him full in the face, and he fell close on his face, and he was trying to put the watch into a cellar, and I saw the other young man take it from him, and he gave it to me.

(The watch produced, and deposed to.)

Prisoner. I hope you will hear my witnesses examined.

Prosecutor and Roberts. We have had very great insults from two or three people now at the door.

The prisoner's three witnesses called in and sworn.

Court. Let the other two go out; but let an officer go with them.

ROBERT MATTHISON sworn.

I am a clockmaker in Shoe-lane, I work with Samuel Row, who lives the corner of Harp-alley; I am not come with a design to vindicate the conduct of the prisoner, nor do I know any thing of the robbery; I am come to let you know that I am sensible there is a man here that would not be here if it was not for the reward; a few days after the prisoner was committed, Woodward took an opportunity while I was in the shop with him, I am a shop-mate of his, to propose bringing ten pounds to me to go into the country, to be in partnership with him; this was after the prisoner was committed, he said I seemed surprised how he should come by ten pounds, he told me if I would keep it a secret he would let me know; he said he had an affair in hand that would bring in some money, upon which I promised secresy, not knowing the business; at this time nobody was present but us two; he then told me, he had stopped a thief, I observed to him I did not think it was in his power, because I thought he was so slight; he then acknowledged that Woodward took the watch out of his hand, and gave it to the owner, and that there was forty pounds reward, and ten pounds from the parish, and that he and the Irishman would have it between them, I told him that I thought it was more likely that the prosecutor and constable would have the reward; he said that he knew better how to go about the business this time than he did the last, alluding to a similar circumstance, and that the patrol and the constable, and the prosecutor would have none of the money, for they did not know any thing about it.

How came you to think this would be at all material to the prisoner? - As I was convinced in my own mind that he was actuated by a bad principle.

No bad principle at all if he speaks the truth.

Court to Roberts. Has this witness misbehaved? - He was one of those at the Pitt's head that was abusing Woodward, and called him blood-hound, and I told him yesterday that if he persisted in that behaviour in order to intimidate an evidence,

Prosecutor. He has been with me once or twice to get what he could out of me.

Court to Roberts. Was Woodward attending here upon the court when this man insulted him? - Yes, my Lord.

This man knew that he was attending for that purpose? - Yes.

Court. Swear Woodward to that and I will commit this man to Newgate.

Woodward. Please your Lordship, he has been about to all the masters of the trade to hinder me from business.

Court. That is a very imporper conduct, but not within the jurisdiction of the court? - We were in the publichouse yesterday getting a little refreshment, and he came in with two or three more, and he stood up, and after that he called out of the window as far as ever he could see me, ah! you blood-hound, you blood-hound, and the people got round so, he has done all he could to hinder me from attending upon the court.

Court. Let him be committed to Newgate.

JAMES MAUL sworn.

I live in Shoe-lane, No. 77, I am a clock-maker, I work for Mr. Rowe, the principal thing that I know is from the last evidence, that is from Matthison, from that I took occasion to ask Woodward if he would be an evidence against a man if it was not for the sake of the reward, and he asked me if I would work a week's work for my master, if I did not expect to be paid for it; I said no; then said he, what would you have.

Woodward. My Lord, this man has not insulted me while I was attending in the court.

Court. Then he may depart.

JAMES THORPE sworn.

I am a brass-founder in Peter-street, Saffron-hill; I was in company with the prosecutor one evening, and I heard him say he thought Mr. Woodward was a busy man, and he called out hold him fast, there is forty pounds reward.

Prosecutor. This man never insulted the witness.

Court. Let him go.

GUILTY .

To be transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850914-102

822. JOHN LLOYD alias JONES was indicted for feloniously stealing, on the 12th day of June last, two black geldings, price 30 l. the property of Mary Cooperwood .

There being a mistake in the indictment, the prosecutrix being called Mary Cooperwood instead of Mary Cooper , widow , the prisoner was ACQUITTED .

Mr. Baron Hotham . This is not one of Mr. Shelton's indictments, we know he is very accurate.

Reference Number: t17850914-103

823. The said JOHN LLOYD alias JONES was again indicted for feloniously stealing, on the 12th day of July last, one black gelding, price 10 l. the property of Joseph Oates .

JOSEPH OATES sworn.

I live at Cow-cross, I am a butcher , I lost a black gelding the 12th of July, from Holloway , in the parish of Islington, from a field, it was taken out of the field, and the lock broke, I saw it in the field the night before, I put a log on him; I found the gate broke, about seven, and the gelding was gone.

What particular marks had this gelding? - He had the mellanders, he was sore in

How high might he be? - Fourteen and a half, or fifteen hands high; I enquired all round at pounds, and green-yards, and offered a reward, and one day last week I found him again in the custody of James Hoare ; it was the same horse, he was very poor, and rode hard when he came back, he had the same malady; I said, I will turn him loose in Smithfield, and if he does not go home he is not my horse, we took and turned him loose in Cheapside, and he went home.

JAMES HOARE sworn.

I remember a horse that the prosecutor claimed, that I bought of Jones the 26th of July, I gave him a mare that I had of my own that I valued at six guineas, and two guineas in money, he said it was his own property.

Did he mention how long he had had it, or how he came by it? - No.

Where do you live? - I live at Shaftsbury, I knew the prisoner for fifteen months past selling horses there for Mr. Cooper, and Mr. Richardson and others, I have bid him money for horses before now, I know nothing more of the horse.

Mr. Garrow. Prisoner's Council. You made the exchange with him? - Yes.

You knew this man as a horse dealer? - We did.

Did not he go to all the fairs in the kingdom? - Down to the westward.

What may you be? - I am a butcher, I thought this horse would do for me, for he would draw; he said he had it from a butcher.

Did he tell you what he gave the butcher for it? - No.

Did he tell you he took his own horse out of the chaise? - No.

HUGH HORAM sworn.

Mr. Garrow. You have been in Court all the time? - Yes.

Court. What do you know of this horse that your brother bought? - The prisoner went by the name of Jones in our country, and he called upon me one morning, he had a horse that would suit, I went with him, but he wanted to sell the horse, this farmer wanted to try him, and he put him into a cart and drew him, but they did not deal, and I believe the very same day was fair day, and the next day my brother appointed to meet with him, and Jones recommended my brother to him.

Mr. Garrow. So he did this as publicly as any man could do, for he took you for a witness.

Mr. LANGHORN sworn.

We know you are a very considerable dealer in horses? - My father keeps a repository.

Do you know the prisoner? - We have sold for him within these two years a great number of horses, and likewise he has bought several in the fair way of dealing.

Jury. How long have you known the prisoner? - About six or eight months.

When did he deal with you last? - I cannot exactly say.

What name did he go by? - Lloyd.

Court. Is Aldridge here? - No, it is his selling day.

Prisoner. Please to ask Mr. Horam whether he bought the horse by day or night? - By day, the 26th day on the road.

Prisoner. I sold him the horse on the 25th, at the Five Bells, at Shaftsbury, where I always use to quarter.

Horam. I was not in the house that day.

Mr. Garrow. My Lord, we did apply to put of this trial till the next Sessions.

(The Jury desired to withdraw.)

Court to Jury. I think Gentlemen you ought to take it into your consideration when you go out, that it is too much for us here to ask him how he came by the horse, we cannot put such a question to the prisoner, we ought not to do it; at the same time he has made affidavit that there is a person he bought it of, and he has requested

that he might have time to bring that person here, but the Court in my absence refused to put off the trial.

Mr. Garrow. The man made affidavit with a subpoenae annexed to it, for a Mr. Grassman by name.

Mr. Shelton. The reason why the Court would not put off the trial was, he swore that he was advised, he was material witness.

Mr. Garrow. Advised and believes; he was advised by me that such a witness would be a very material one, therefore he believed it to be true.

The Jury withdrew some time, and returned with a verdict

GUILTY , Death .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-104

824. JAMES RANDALL alias RICHARDSON was indicted for that he having been committed to Clerkenwell Bridewell for being a rogue and vagabond for the space of six months, and having again been apprehended on Monday the 27th of June, with a pistol and iron crow, and a dark lanthorn, was adjudged to be an incorrigible rogue, and ordered to be committed to the house of correction for two years, and afterwards on the 6th of July last, was committed to the said prison, and that he afterwards, and before the expiration of the term of two years upon the 6th day of August last, did feloniously break out and make his escape from the said house of correction, against the stature .

(The case opened by Mr. Fielding.)

ALEXANDER FENWICK , Esq; sworn.

Here is the office copy of the record, I have compared them, and they are true copies.

(Read.)

Do you know the prisoner? - Yes.

Was that the man committed to you by that order? - Yes, this is the man that was sent to me as an incorrigible rogue, from the Sessions House; on the 6th of August about twelve or between twelve and one; my servant came to my bed-room door, and said there was somebody shot, I asked if any body was shot, and they said no, the prisoner was one of them that escaped.

CHRISTOPHER CRIDLAND sworn.

I know the prisoner, I apprehended him on the 16th of May, I carried him before Sir Sampson Wright, I afterwards carried him before the Sessions, and in the month of June he was convicted as an incorrigible rogue, and sentenced to two years imprisonment.

JOHN ATKINS sworn.

I apprehended the prisoner the last time, I know him, he was confined with Mr. Fenwick, I apprehended him at large in Drury-lane, upon the 29th of August last,

Prisoner. I would not give the Court any trouble, I was the man that was at large, I was the man that escaped out of gaol, the gaol was all open, I broke nothing; as for my name being Richardson, I never went by that name in my life.

GUILTY .

Transported for seven years .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-105

825. MARY GRAY was indicted for feloniously stealing, on the 27th day of July last, one tin box, value 1 d. and one half guinea, value 10 s. 6 d. the property of Ann Steventon .

(Mr. Garrow, Counsel for the Prosecution:)

ANN STEVENTON sworn.

I went to St. James's church; Clerkenwell , on the 24th of July, after the service,

I was in the middle isle, and the prisoner and another woman were by me, and she put herself like in a passion and pulled her cloak, and said what will you be at, and said you with tear my cloak, I said I know what you will be at; just at that time Isaac the constable clapped two of them on the shoulders, and said what do you do here; then I put my hand into my pocket, and missed my box with half a guinea in it, and a little bit of a receipt for an illness, this is the receipt and box; I swear to the box, I had it when I went to church.

Have you any doubt of the prisoner being the woman? - I am sure the woman that was committed was the person.

Mr. Peatt, Prisoner's Counsel. There were a great croud round you? - Yes.

She was the person that was taken in custody? - Yes.

What did you say about this? - Just as I say now, when they went to search her, I said it was not she that had the hat on.

You said before the woman she was a pockfretten woman? - That was the person the man found the box upon; but that was the woman that said I pulled her cloak, I did not particularly mind the other woman.

- ISAAC sworn.

I attended this charity sermon, I happened to go into the church, just at the time that the hymn was beginning to be sung by Mrs. Wrighten, and I saw a shuffling piece of work between this lady and this woman, I took out two women, one with one arm and one with the other, and the box lay down just by the prisoners feet, I cannot pretend to say from which the box fell, I said before the Justice, I believe it fell on her side, and that it might drop from her.

Court. What did you take the prisoner for? - This lady said they were about her picking her pockets.

Jury. You knew them before? - I have seen them, Sir, I cannot say how often.

Mr. Peatt. If I understand you right, it was only a conjecture of yours, that it dropped from that woman? - That is all.

That is what you said before the Justice? - Yes.

You did not directly charge the prisoner? - No.

Court to Isaac. Had not you seized these two women for something, before this lady made a complaint? - Yes, when I heard the noise, I took them both out together.

The prisoner called three women with whom she had worked, who all gave her a good character.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-106

826. THOMAS UNDERWOOD and JOHN MARSHALL were indicted for feloniously stealing, on the 29th day of June , fortytwo poundsweight of leaden pipe, value 3 s. 6 d. belonging to John Ardesoif , Esq ; affixed to his house, and two brass cocks, value 6 d. his property, having no title or claim of title to the same or either of them .

(The witnesses examined apart at the request of the Prisoner.)

JAMES ALLIS sworn.

I know the house of Mr. Andersoif, the corner of Bear-alley , it is uninhabited, there was some lead pipe lost, and two brass cocks; I saw some lead in a bag at the house, when the prisoner was apprehended, which I can swear to one brass cock was fixed to the cistern, and the other let water into the sink; they were compared and fitted exactly.

SAMUEL FOXHEAD sworn.

On Wednesday morning I got up about six, and James Streetman came and fetched me over to his room, which is in Greenarbour-court, and looks into Seacoal-lane, and I went down, and by Breakneck-steps,

Thomas Underwood who set upon the steps ran away, and I ran after him, supposing him to be one of them, there were two men, one of them had a bag in his hand which he delivered to Underwood and ran away; the prisoner Marshall is not the man that brought the bag to him, Marshal was there, but he did not attempt to run away, I took him into custody, and Streetman took Underwood.

How far are these steps from the prosecutor's house? - Not ten yards, I saw them all three coming from Mr. Ardesois's house they were coming in that direction, but whether they came out or no, I do not know, I heard no conversation between the prisoners, they did not come together, they had not an opportunity to talk to one another while we had them.

How soon after did Marshall come to Underwood? - Directly.

JAMES STREETMAN sworn.

I arose on Wednesday morning, between five and six, and I saw the two prisoners and another man break into this house, I live opposite to it, it was quite light, the prisoner Underwood opened the door, and let two men in, and they shut the door and Underwood sat down on the steps, and I ran and called Foxhead and his man, they came into my room and I shewed them, I afterwards saw Marshall come out of the house, and the other run away; the pipe and cocks were all compared and answered; I am sure it is the same.

(Produced and deposed to.)

WILLIAM BARNEY sworn.

I am a chape-filer, I was going to work on the morning this affair happened, I had just been calling my master up, and he was telling me what work to go about, and I saw two men come out of this house, there were three went in, and the second that came out had a bag on his shoulder, he gave it to Underwood, and he run away, and went down Seacoal-lane, the two men were taken to the Compter, and the bag; I saw the bag opened in the Compter, and there was some lead and two brass cocks.

JOHN BERRY sworn.

I saw the prisoner in custody, and Streetman had the bag, I took the bag from the Compter to my house, and kept it till their commitment, I think I can say they are the same things that I gave to the constable.

PRISONER UNDERWOOD'S DEFENCE.

I was going to work, and sat down to buckle my shoe, and a man came and asked me to carry this lead, he ran away, and they took me.

PRISONER MARSHALL's DEFENCE.

I was behind and they took me, I never was in the house, nor ever saw this prisoner before, I was going home to my wife.

RICHARD LANEY sworn.

I am a bell-hanger and jobbing Smith, I work for myself, I am a house-keeper, I live in Chick-lane, I have known him about a twelvemonth, I never heard any harm of him before, I believe him to be an honest man, whatever I saw of him; on the 30th of June last, Streetman came down to the Crown, to my house, and he sent for me to the Crown opposite Chick-lane, and he asked me if I knew Thomas Underwood , I told him I did, and that I heard he was in trouble, which I was very sorry for, never hearing the like before; but says he what can I do, I am a soldier, and all my necessaries are in pawn; and I said what can I do in the affair, why says he, as you are a house-keeper, if you will be so kind as to sign a note for twenty shillings and pay me five shillings of it, as you know him, I will say no more about it; and I took a second consideration, and I thought he must be a very bad man, so I thought I had better pay for a pot of beer and go my ways.

Are you a soldier? - Yes, I went to the Crown along with another young man, he told me he could help me to the other man that ran away from us.

Did any of that conversation pass which Mr. Laney has sworn now? - So far as this, he said he was sorry, and I said I was sorry; but no money was required, never a word passed about the twenty shillings, and five shillings down; I never made any offer of that kind about a note, I went the next morning and told Mr. Foxhead about the circumstance, and we went to Laney's house the next day, and there we saw the other man that run away from us, we were affraid to take him then.

Court to Laney. Did either of these prisoners ever lodge with you? - Neither of them, Underwood has worked for me, and did so the same week, on the Monday; I know nothing of the other.

What man was that that was at your house, when the other witness came? - I cannot pretend to say who it was that might come there, I was present at the time, there was a man that came to buy a pound of old nails, and I sold him some for two pence halfpenny, but who he was, I do not know.

Court to Foxhead. Who did you see there? - I saw the man that was with this man, I am pretty sure it was him that was in Mr. Laney's back kitchen, he turned his back; and I said to him in the presence of Mr. Laney, young man, you was with them, but I have not taken you.

THO. UNDERWOOD, JOHN MARSHALL ,

GUILTY .

Each Transported for seven years .

Tried by the second London Jury before Mr. ROSE.

Reference Number: t17850914-107

827. JAMES KENNEDY and MICHAEL BRADBURY were indicted for feloniously stealing, on the 2d day of July , one piece of wood of the length of twelve feet, value 5 s. the property of the Mayor and Commonalty of the city of London .

The Case was opened by Mr. Garrow.

EDWARD RIGBY sworn.

I am a labourer and constable at Guildhall; on the 2d of July last, I saw the prisoner Bradbury, with a piece of wood on his shoulder, and the other in company; I saw them under the Piazza; we had lost one piece about two days before, I saw Bradbury take the piece of timber, and put it on his shoulder, the other was in company all the time; I followed them into Aldermanbury, I got a man to assist me, I took him, and he threw down the timber. The prisoners talked together some time before they took the piece.

Did you see the prisoner Bradbury alone move this timber, and put it on his shoulder? - He took it without any assistance.

Did you see the other man do anything? - No further than go away quite close together in company, he was rather before him.

Did any of them say anything? - The other man said, what do you take me for, what have I done? as soon as I collared him.

PRISONER KENNEDY's DEFENCE.

I know nothing about the wood, I was going to my work.

The prisoner Kennedy called five witnesses who gave him a good character.

PRISONER BRADBURY's DEFENCE.

I saw the piece of timber lay under the Piazza, among some rubbish, I did not know it was of any use, and I took it home for fire-wood.

828. JOHN GILES was indicted for feloniously stealing, on the 28th day of July last, thirteen pounds weight of moist sugar, value 14 s. 6 d. the property of a person unknown.

There being no proof that any sugar was lost, the prisoner was ACQUITTED .

Tried by the second London Jury before Mr. ROSE.

Reference Number: t17850914-109

829. ROBERT CANE was indicted for feloniously stealing, on the 24th day of June last, three pounds and an half of tobacco , the property of a person unknown.

GEORGE PHILLIPS sworn.

I am a lighterman, I was at Justice Key , and saw the tarpaulin shake, and I saw a man give the prisoner some tobacco; he begged for God's sake that I would let him go; I took two pounds of tobacco from the prisoner; he said, I will never come any more, I will never do such a thing again; I took him into custody, I saw the hogshead full about two hours before.

Prisoner. Did not I shew you the man that gave me the tobacco? - I saw the man that gave him the tobacco; he received it from him, he made his escape from one of the other watchmen.

JAMES HINDLE sworn.

I am a constable, and they sent for me, and pulled out a pound and an half of tobacco out of the prisoner's breeches, it was the 24th of June, and I took him to the Compter about one; I have had the tobacco ever since.

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. ROSE.

Reference Number: t17850914-110

830. WILLIAM CONEY was indicted for feloniously stealing, on the 9th day of September , six pounds weight of tobacco , the property of persons unknown.

NOT GUILTY .

Tried by the second London Jury before Mr. ROSE.

Reference Number: t17850914-111

831. GEORGE SHIRLEY was indicted for feloniously stealing, on the 9th day of July last, two braides of human hair, value 6 s. the property of John Saunders .

NOT GUILTY .

Tried by the second London Jury before Mr. ROSE.

Reference Number: t17850914-112

832. GEORGE SHANDOW was indicted for feloniously stealing, on the 12th day of July last, one linen handkerchief, value 6 d. the property of Thomas Francis .

The prisoner was detected in the fact, and the handkerchief taken out of his breeches.

GUILTY .

Transported for seven years .

Tried by the second London Jury before Mr. ROSE.

Reference Number: t17850914-113

833. JOHN HICKS was indicted for feloniously stealing, on the 12th day of September , one printed book of music unbound, called Peeping Tom, value 6 s. the property of John Darbey , Esq.

JOHN WILLIAMS sworn.

I am servant to John Darbey , Esq. in the month of September, I lost the property opposite Furnival's Inn, in Holborn ; I went to Saint Paul's Church-yard, for Peeping Tom; it is a printed book of music unbound, I gave 6 s. for it; I called for a hat-box on Ludgate-hill, and the prisoner

came on the side of me, and picked this out of my right hand coat pocket, it was my master's property; he gave me the money to pay for it; I seized his hand and the parcel against my side, it was quite out of my pocket, I collared him, and he made resistance by which I tripped him up, and some others come up, and had him committed; the prisoner knocked me down three times; there were seven or eight came round me.

On the 30th of July last, I lost the things mentioned in the indictment; I lived servant with Mr. Moore in Cheapside, and I sent my box to Islington by the errand cart; I am sure the things were all in the box, I helped to carry it; there is my name on the box, in my own hand-writing, the box was locked when it was taken, I locked it and corded it; when I saw it again my things were all there.

- GODFREY sworn.

I saw the prisoner take a deal box out of a cart that stood in Cheapside , on Saturday the 30th of July, between one and two at noon; I have since learned that the cart belonged to a man of the name of Jones, I saw Islington errand cart wrote in large letters, I cannot say I ever saw the prisoner before, I am sure he is the man, he took the box out of the cart, and put it upon his shoulders, and crossed Cheapside, I was on the contrary side of the way; I let him get upon the pavement, then I followed him and secured him, and as he turned round I took the box into my own hand, and delivered him and the box to Warren the constable, who was standing at Mr. Deputy Clement's door.

Was he out of your sight? - I believe there was a hackney-coach passed.

THOMAS WARREN sworn.

I am a constable, I had been to deputy Clements, and was standing talking to his foreman, and Mr. Godfrey delivered the prisoner and the box into my custody; I have kept it ever since, there is a lock upon it, and corded; it was opened by the prosecutrix, when we came to prefer a bill.

(Produced and deposed to.)

Prisoner. I have nothing to say.

GUILTY .

To be whipped and confined twelve months in the House of Correction .

Tried by the second London Jury before Mr. ROSE.

Reference Number: t17850914-115

835. JOHN RICHARDSON alias RICHMOND was indicted for feloniously stealing on the 29th of August last, one pewter pint pot, value 6 d. the property of Thomas Berwick .

836. LYON EUCHEL was indicted for feloniously stealing, on the 24th day of June last, twenty-four pair of white silk stockings, value 8 l. and three pair of black silk stockings, value 20 s. three pair of coloured silk, value 20 s. and one pair of patent stockings, value 12 s. the property of Robert Blackburn .

(The witnesses examined apart at the request of the prisoner.)

ROBERT BLACKBURN sworn.

I keep a hosier's shop , No. 30, in the Poultry ; the prisoner at the bar came to me on the 24th of June, between two and three, and asked to look at some silk stockings; I hesitated to shew him any, till he said they were not for himself, they were for his captain; while I was taking the stockings down, he took a bit of paper out of his pocket, and said he wanted a dozen of men's white silk low priced ones, six pair of higher price fine ones, and six pair of ladies white silk, three pair of men's black, and three pair of coloured, and one dozen of patent silk; them I told him I had not in the house; I shewed him part of them; he said if I would bring them to his lodgings, No. 1, Bow-lane, Cheapside, at five o'clock, the captain would be there, I went there at five, and asked for him, I was shewed up stairs into a dining room, and he was up two pair of stairs; he came down stairs; I said where is the captain? he said he is not come in, I shall step with the stockings, and be back with the money in five minutes; for perhaps he may not keep all the stockings, them that he keeps I shall bring the money for, and he asked me to make him a bill of them, I told him no, I would not make a bill, as I did not know who they were for, or whether he would keep them all, but I had an account on a bit of paper, and he took that with him, and the stockings off from the table; when he had got he stockings under his arm, he took a pair of patent silk stockings and put into his pocket, and said, I will shew these to the captain, if he likes them, you may get him a dozen of them, then he had got the stockings under his arm; it struck me he was going to rob me; I took my hat and was following of him, he looked behind and saw me, and he knocked at the door opposite, and said to the woman, will you walk in Madam, and she came in and began to talk about the weather, or something or another, he went off, and I waited there two hours; I never saw him after till the Wednesday following, when he was taken with the patent silk stockings on, I saw them taken off his legs, there was a bit of orange colour silk in the patent silk stocking in the top, the others that he pawned had a mark on the foot.

That is usual? - It had been wrought in by some means or other; it was not half an inch long.

Are you sure the man you found in the Compter was the same man? - I am positive that is the man, I have no doubt at all about it.

THOMAS TIBBALS sworn.

I called at Mr. Blackburn's with an order on the 24th of June, the prisoner at the bar came in while I was there, he said he wanted to look at some low priced mens silk stockings; Mr. Blackburn reached them down, he said he wanted two or three dozen, Mr. Blackburn said he had them at the trimmers, and should have them in the course of an hour or two, accordingly the prisoner left an order directed to No. 1, in Bow-lane; I let Mr. Blackburn have some of the stockings that the prisoner had, I sold him a dozen of mens white silk stockings, and six pair of womens; and the six pair of mens he parcelled out, and I saw Mr. Blackburn go out of the shop with some stockings; I took the prisoner in Saint George's Fields the day the balloon went up, about eleven weeks ago, I think it was the Wednesday or Thursday; after he had been in the shop, there was another gentleman with him, he came back with me, and I asked him what he had done with the stockings, and he told me he had pawned six pair, six pair he had at his lodgings, and a dozen and half he had left with Captain Richardson, I

brought him to Mr. Blackburn's shop, and when the constable took charge of him, he would not give any direction to this Captain Richardson; in examining his pockets the constable found in my presence a duplicate for six pair of stockings, and he had two or three bills upon him on some of the first houses in town that were past due.

Prisoner. Was not you in Mr. Blackburn's shop? - Yes.

You heard when I agreed with Mr. Blackburn for the prices? - There was no agreement at all, you said you was not particular to prices; you left an order for them.

Prisoner to Blackburn. What time was it when you brought them stockings home to my lodgings? - Five o'clock, but I understood they were for the Captain.

Prisoner. I bought the stockings in the shop; I told him to bring them to my lodgings.

Court to Prosecutor. Did you sell the stockings to him in the shop? - No.

Prosecutor. We enquired for Captain Richardson, but could not find him.

CHARLES PORTER sworn.

I took in half a dozen pair of silk stockings about six or seven in the evening.

Are you sure it was in the evening? - He had six and thirty shillings upon them; he was a quarter of an hour in the shop; we have frequently new goods brought in to pledge by shop-keepers; I took him for the owner.

TIMOTHY HARRISON sworn.

These stockings I took off the prisoner's legs; I have had them and the others in my possession ever since.

(Deposed to)

PRISONER's DEFENCE.

On the 24th of June I went to Mr. Blackburn's, I told him I had an order for one dozen of patent silk stockings, one dozen of white size pair of ladies, three pair of black, and three pair of coloured; he said nobody could sell me better; he shewed me the stockings, and I appointed five o'clock for him to bring them home; he brought them home without a bill, I gave him pen, ink, and paper, and he wrote a bill, and I took one pair of the patent stockings to my own use; and now Mr. Blackburn indicts me for feloniously stealing, but I dare say you see it is not stealing where a person sells goods, and brings them home, and delivers a bill of parcels; I went the New York Coffee-house to see for the gentleman I had the order from, but he was not there, and coming back I met two acquaintances, who asked me to spend the evening with them, and I did not return to my lodgings; I pawned six pair of the stockings. Now, my Lord, and gentlemen of the jury, I leave it to you, whether this is stealing or no.

Court to Prosecutor. I understand you saying you had not sold the stockings to him? - No, my Lord, it is no bill, it is only a memorandum of the stockings.

Prisoner. It is a bill, it is a fair bill;

"Bought of Robert Blackburn ."

(Court looking at the bill.)

How long has this paper been in your possession? - Ever since the prisoner was committed.

Look at it carefully before you answer my question; is that paper in the same state it was when it first came into your possession? - It is in the same state it was; it has been worn and torn about, and in my pocket all the sessions.

Look at the top of the paper, upon your oath, is not there a line cut off from the top of that paper? - I will not say that there is not, it may be torn off.

Is not that paper your hand-writing? - Yes.

Then you can say whether there was another line upon the top of it? - There might be, before I cut off the sheet of paper which I gave him in the room.

I ask you now, upon your oath, was there not a line upon it? - I will not say whether there was or was not, if there was another line it was my name that was upon it.

Now give me the paper; who advised you to cut that line off the paper? - I did not cut it off, it was tore off.

It is not torn but cut, and upon the credit of that, the Jury will decide who did cut that off? - I do not know that any body did.

That never was tore off by accident.

Court. Gentlemen of the Jury, however guilty the prisoner may be, his piece of evidence that now appears, materially affects the credit of the prosecutor, who is the principal witness; and where there is a measuring cast, perhaps you may hardly think it safe to rely upon it; if the stockings were sold to the prisoner, and they were delivered, it will not be a felony, provided there was a complete sale, and only a failure in payment.

Tibbal. I saw the bill at Guildhall, if I look at it now I can tell, (looks at it) yes, there is a line off, which was, I remember,

"Bought of Robert Blackburn " but there was no name at all of the purchase.

NOT GUILTY .

Court to Mr. Blackburn. Whoever advised you to make that alteration in the paper, gave you very bad advice, it is not the conduct of any person that prosecutes for public justice.

The things were found at different pawnbrokers, upon the prisoner's voluntary confession.

GUILTY, 10 d.

Fined 1 s. and passed to her parish.

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-118

838 ABRAHAM PROSSER was indicted for feloniously stealing, on the 28th day of July last, sixteen pounds of moist sugar , the property of persons unknown.

There being no evidence to affect the prisoner, he was ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-119

839. GEORGE KITCHIN and JOHN WINSHALL were indicted for feloniously stealing, on the 15th of September , four gallons of rum, value 30 s. the property of John Drinkall .

There being no evidence against the prisoners, they were BOTH ACQUITTED .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-120

840. WILLIAM HALES was indicted for feloniously stealing, on the 4th of July last, twelve pounds weight of tobacco, value 12 s. the property of a person, or persons, unknown.

JOSHUA GREGGS sworn.

I am an officer of the customs, and supervisor of the watch, the prisoner was a watchman of the customs ; I happened on the 3d of July to watch a lighter near Billinsgate; on the 4th of July, in the morning, I was informed that William Hale was

committed to the Poultry Compter, upon which, knowing that I had appointed him to the lighter of tobacco the night before, I went to examine this lighter, and found that a hogshead was plundered; he was set on the second watch, that commenced from twelve at night, till six in the morning; there were five or six pounds gone out of the hogshead, I only speak to the best of my judgment.

Can you say with certainty that some of it was missing? - Yes.

Mr. Garrow. Was you supervisor that morning? - Yes.

The prisoner was employed then, as he had been on other occasions, as an extra watchman? - Yes, two or three years.

Was he employed in the India-house? - It was his duty if he had seen anybody plundering these lighters to stop them, and bring them down to his Majesty's Warehouse, the prisoner was deemed in the Custom-house as an honest man.

JOHN HUSSEY sworn.

I am an apprentice to Mr. Jefferys, in Thames-street, he is an ironmonger; I first saw him with this tobacco about him, opposite to Dice's-key, between one and two; to the best of my knowledge and judgment, there were twenty four or twenty five pound, there was as much as would fill a large hay basket; my master stopped him, the tobacco was concealed in his coat, and his pockets, and up as high as his breast, he had a great coat on, it was in the pockets of his great coat, and in the pockets of the other, it was buttoned up between his great coat and waistcoat; when my master stopped him, he asked what he had there, he said he had a little tobacco from on board a ship.

Did he say what ship? - No.

Did he describe what sort of a ship? - No.

Did he use he word ship, or lighter? - Ship; my master charged the watch with him; I went by my master's orders to get a constable, and during the time he came down, I assisted him in taking the tobacco from the prisoner; the prisoner said, pray let me throw the tobacco into a passage, which leads to our house by a private door, but that was objected to; I told him not to throw it in, but throw it out before the watchman who had charge of him, which he rather seemed to object to; and when the tobacco was all thrown out from his clothes, I went and fetched a basket from out of the shop, and put it in, and I had much to do to press it down, and after pressing it, and kneeling upon it, there was more than would fill the basket; the prisoner very much objected to be tied.

Mr. Garrow. How happened you to be out at that time in the morning? - I was with my master.

What were you doing? - My master had a few friends at his country house, and in going home with his friends he was insulted by the watch, he told the watchman he did not understand his meaning in being insulted; he went home with his friends, and came back to his house, and begged of me to go with him to the watch-house, I went to the watch-house, and enquired into the ill behavour, and ill treatment of the watchmen towards him, they did not seem to pay any attention to what he said; coming to the door I met the prisoner.

Was anybody with you when you met the prisoner? - No.

Where is your master's country house? - At Hackney.

What time did you return? - Near ten.

A little jolly? - Not at all.

How had he spent his time till half past one? - In going home with his friends, in coming back, and going to the watch-house; he went home with his friends to Water-lane, near the Custom-house, he returned between ten and eleven.

What did he do with himself from that time till half past one? - He went to the watch-house.

Was not your master out of humour that night? - I do not know that he was.

Was he or was he not out of humour? - He was not Sir.

Do you mean to swear that? - Yes, he was in as good humour as he is generally.

Then this good humoured man, at half past ten went out settling a dispute; do you mean to swear that he was in perfect good humour, and that he staid three hours and a half? - He was two hours and a half.

Then this good humoured man was two hours and a half settling a dispute, you admit that? - Well then, Sir, it shall be so.

Do you remember this prisoner stating, that somebody had stolen this tobacco, and that he ran after them and picked it up? - No.

Was he bailed afterwards? - I heard so.

What Judge bailed him? - I do not know.

Do not you know it was one of the Judges of the King's Bench? - I presume nobody else can.

Do you remember your master saying anything about paying the piper for all this? - What is paying the piper?

Did you never hear him say any thing of that import? - No.

He never did say it? - No, not till the transaction happened.

Ho! ho! how long have you been an ironmonger, they have spoiled you very much! did not your master say something of this sort, that the watchman having used him very ill, he had resolved to make the prisoner suffer for it? - No, Sir.

You swear he did not? - I will, he never said he would take up any watchman, or make a watchman suffer for it.

Was not you in liquor? - I never was any ways disguised in liquor.

Did this transaction happen as you have stated it? - Yes.

Are you sure the prisoner is the person on whom the tobacco was found? - Yes.

HUMPHRY JEFFRYS sworn.

I am an ironmonger, I have nothing more to say than what my young man has related; on the 3d of July my friends came to see me at Hackney, and staid till ten; at ten I arrived in Thames-street, I then went with them to Water-lane, and went from their house between ten and eleven, and I saw some very suspicious people; I says to one of the watchmen, I wish you would give some little attendance, for I see some people that appear very suspicious; this is a watchman whose name I do not know, but I gave information to the constable; his reply was, d - n you, I do not know anybody looks more suspicious than yourself, and if you do not get away I will send you to the Compter or the watch-house, and I thought he would; I told him I would pay him another visit, and I went to my friends, and staid half an hour, then I came back, and saw this watchman off his stand, and two men attempting to steal something; I then went and took my young man, the last witness, to the watch-house, to make a complaint to the constable of the night, and to the watchmen, and he went with me to the watch-house, and when we got there he was gone his rounds, and I staid there till he came in, and in coming back I stopped the prisoner at the bar, very much stuffed, I imagined he had something that was not his own property; ther e was nobody with him.

At that time he was quite a stranger to you? - Yes, I never saw him before, to the best of my knowledge; I stopped him near Dice key gate-way, he was walking towards the Custom-house, I asked him what he had there, he said a little tobacco; I asked him where he got it from, he said from on board a ship; I charged him with the watch, who was near me, he went into a passage, and there he begged to unload himself; I saw the tobacco pulled from him, he had it all about him, particularly about the skirts of his great coat.

Had he any between his coat and waistcoat? - I am not particular to that, I gave charge of him and the tobacco; my young man put it into a basket, like a hay basket, and he had a good deal of trouble to put it in, but that may be the lightness of it, the constable has had it ever since.

Mr. Garrow. It was not till the third examination that the prisoner was committed, did you attend at the first and second? - I did.

Did you tell your story? - Yes, my servant did not attend; I told my story as I have done now, with the same particulars, the first, second, and third time.

You swore to your account, did not you? - I did not.

Did you at the second? - I did not.

Did not you receive notice of the news of the persons that would be bail? - I did.

Was he going the direct way to the Custom-house? - No, I think not, the direct way is the foot path, he was in the road way.

Upon your oath, was he or was he not in the direct road to the Custom-house? - He was not, because he was not on the foot path.

We have had evidence that you are a good natured man, do not put yourself in a passion, I will have an answer if I sit here till midnight; upon your oath, was he in the direct way to the Custom-house? - Upon my oath I do not believe that to be the direct road for a foot passenger, because he was behind the corner of some buildings.

I ask you, Sir, whether that street is not the direct road to the Custom-house? - It is certainly; but I will not be brow beat by any man.

Nor am I so young in my profession to be brow beat by the greatest ironmonger in the kingdom; the man was in Thames-street, and Thames-street was in the way to the Custom-house? - Yes; when it was weighed it weighed twelve pounds and three quarters, but from the appearance it was more.

Was that cask out of which it was taken ever weighed or no? - I know nothing of the cask.

Do you know whether it was weighed or no? - I do not know.

What sort of tobacco was it? - It was tied up as tobacco generally appears out of ships.

Unmanufactured? - I am not a judge of it.

Do you happen to know what it is called by those that are? - I do not.

Have you looked at it? - I have not.

How soon must this man have come within the view of the watchmen of the Custom-house if he had gone on? - In ten minutes.

What account did he give of himself before the Mayor? - That he saw a man drop it, and he ran and took it up, and was going to carry it to the Custom-house, and he produced a white bag.

Would it have been the cause of this man's discharge from his employment as a watchman if he had been found absent without such an excuse as that he was going to carry tobacco to the Custom-house? - I am so much unacquainted with the Custom-house business that I do not know it.

Court. It appears to me such as comes from abroad? - I only saw it separated about; my young man and him took it up, he did not come the foot path, but turned into that corner.

Was not you near enough to observe whether he observed you or not? - I do not think he did see me; he might see the watchman opposite.

Mr. Garrow. Did I hear right that you do not think he saw you? - I think not, at the time he was passing; the constable has had the tobacco ever since.

JOSEPH FENNEL sworn.

Mr. Jeffrys sent his young man to the watch-house; I came to the watch-house, Mr. Jeffrys was there with the prisoner; Mr. Jeffrys seemed to be very troublesome, and asked what watchmen I had on; he sat there two hours, and was very troublesome; indeed I went down when he said the tobacco was in Mr. Jeffry's passage; he shewed me the tobacco; I have had it ever since; it is now in Court. (Produced.) it is now unmanufactured as the other was.

Mr. Garrow. I believe this is like a great many thousands of hogsheads, so that if you had lost it out of your pocket last night, you could not have sworn to it today? - Not at all, I have not compared it at all.

Fennel. The prisoner told me going along, that he had got the tobacco from on board a ship, that is all that he said.

Mr. Garrow. Mr. Jeffrys had been at the watch-house some time? - He was there a long while, and when I came back he said the watchmen had been using him very ill, I took the watchman off for his abuse.

Mr. Jeffrys was a little out of humour that night? - I believe he was, to the best of my knowledge.

He is not a good natured man in his cups? - I have been a constable in that part three years, I do my duty as much as I can.

Then you would not by choice, if you had a parcel of stolen goods, come through your beat? - We do our duty as well as we can, I belong to the same employ as the prisoner; I had the first charge of the lighter that evening, it was all safe at twelve, no tobacco was missing; in the morning the head of one of the hogsheads was out, and about six pounds gone; I could not know the tobacco again; all tobaccos that come to the keys are in that way; the ship watchman was not there at six in the morning; I have known the prisoner three years.

Is Thames-street the nearest way from that lighter to the Custom-house? - Much handler than going through the keys for the casks, I should have come that way myself.

I need hardly ask you what his general reputation was, was it a good one? - I never heard any complaint in the world; he has a pretty place in the India House; I do not believe this quantity of tobacco could come out of that hole.

There is a vast deal of this tobacco smuggled, as we all know? - Yes, it is a common practice.

The prisoner called four witnesses who gave him a good character.

NOT GUILTY .

Tried by the first London Jury before Mr. ROSE.

Reference Number: t17850914-121

841. CONRAD FAUDE was indicted for feloniously stealing, on the 6th day of September , 46 lb. of lump sugar, value 20 s. the property of John Hawes and Thomas Slack .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Justice GOULD.

Reference Number: t17850914-122

842. HENRY SHEPHERD was indicted for feloniously stealing, on the 28th day of July last, one leather trunk, value 25 s. the property of James Seasons .

JAMES PLOWMAN sworn.

I live with Mr. Seasons, a trunk-maker in the Haymarket ; on the 28th of July, he lost a trunk, I saw the prisoner standing at the door, as I was below in the cellar, about half past nine in the morning, this trunk was at the door close to where the prisoner stood, and I saw him take the trunk away from the door, I went up to Michael Thomas , who was in the shop, and I and Thomas overtook the prisoner about 150 yards off, with the trunk on his shoulder.

(The trunk deposed to.)

MICHAEL THOMAS sworn.

I pursued and took the prisoner with the last witness.

PRISONER's DEFENCE.

I am brought to the bar under a very great disadvantage, owing to Counsellor Fielding not being in Court; for that same morning I came from the warehouse I belonged to at Mile-end, to a gentleman in Suffolk-street, one Mr. Heron, an apothecary, that has often befriended me; I sat at a door to rest myself, and a man that was decently dressed asked me to carry a trunk for him to the Blind Beggar in Whitechapel,

and wait till he came; he went away, and I waited some time, and he did not come, I thought he was gone to the trunkmakers; then the man came up again and put a six pence into my hand, and said that was the trunk; I put the six-pence in my pocket, and took the trunk and followed him, he crossed over to the corner of another street, and I was taken, and in the confusion I was in, and a mob gathering, I lost sight of the man.

Plowman. He said he was going to carry it to Whitechapel, but he was in the road to Oxford-road; he said before the Justice he was taking it to Whitechapel.

GUILTY .

To be confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-123

843. WILLIAM PARKER and SOPHIA GIRTON were indicted for that they, on the 13th day of July last, one piece of false feigned and counterfeit money and coin to the likeness and similitude of sixpence, falsly, deceitfully, feloniously, and traiterously did forge, counterfeit, and coin, against the statute .

(The witnesses examined apart at the request of Mr. Garrow Prisoner's Counsel.)

(The Case opened by Mr. Reeves.)

WILLIAM SEASONS sworn.

I belong to the Sessions House on Clerkenwell-green, on the 13th of July, I went to a house on Back-hill , on information, that there were some coiners at work, I took one Taylor with me, and one William Rose Trip , I went between eleven and twelve, I went up stairs into the room, and saw Sophia Girton sitting on the foot of the bed, she had a file in her hand, and a number of sixpences to the best of my knowledge, and there were on the table, sand-paper, brimstone, and these kind of things that are made use of in coining, and a number of sixpences (handed up) a phial of quicksilver, and some clippings; when I went into the room, says I, you are hard at work, she got up and fainted away, she begged I would not be in a hurry with her, she said, it was that rogue had brought her to it, she fainted on the bed for five minutes when she awoke, I said, what rogue do you mean? and she said, that rogue Parkers: I found some punches.

Court. Have you any sixpences that was finished? - We went again, and in a closet we found these two sixpences among some rags.

Court. They are as much like any thing else as sixpences: they are not like the similitude of a sixpence.

BOTH NOT GUILTY .

Mr. Vernon. I beg leave to inform your Lordship, that I did not attend the examination, if I had I should not have brought it here.

Court. I guessed very much, Mr. Vernon, that that was the case.

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-124

844. JOHN ASTIL alias AUSTIN, alias BROWN , was indicted for burglariously and feloniously breaking and entering the dwelling house of Thomas Moore , about the hour of two in the night, on the 9th of July last, and burglariously stealing therein one metal watch, with the outside case covered with black tortoiseshell, value 3 l. his property.

The Case opened by Mr. Garrow.

The witnesses examined apart at the request of the prisoner.

ANN FOOTMAN sworn.

I was servant to Mr. Moore, of Moorfields , he had no servant but me.

Do you know on Saturday night the 9th of July, how the house was left? - Every thing was left safe, all the watches were in the shop, we supped in the shop, and when we went to bed, about five minutes before twelve, every thing was safe; we were not alarmed in the night; my master called me about four, he got up about three, the shop was broke open, and all the watches gone; the lead-light was taken out of the back window, and taken into the garden; there was no casement; I am sure the light was there when I went to bed safe, at dusk they got over two or three people's gardens out of Christopher's-alley; there are two walls that the person got over, they are as high as that wainscotting.

Had anybody called on your master the night before? - Yes, about nine in the evening, my master was not at home, a man came and asked if my master was at home, I said no; I never saw the prisoner since; he was meanly dressed; he said his business was not material, he would call again another time.

Did you observe the colour of his coat? - No, I did not particularly notice that; There were above fifty watches gone.

Should you know the man again? - No, I could not positively swear to him.

Prisoner. I want to ask her a question.

Court. You best judge the necessity of your question, but I before-hand apprise you that she has said nothing that affects you.

Prisoner. I shall not ask her any questions, my Lord.

SAMUEL HAWSE sworn.

I am the principal workman of the deceased Mr. Moore, Mr. Moore came to me between four and five this morning, he told me his house had been broke open, I examined the place about, and found button.

Who has had it? - Mr. Moore had it when he died, and I found it under the board; when I looked over his effects, there was several watches hung by the window, and to get at them a person must reach over the shopboard.

Court. Any person from without who wanted them, would not lean over the shop board to get at them? - No, Sir, from within-side the watches were all taken away, that watch in the black tortoiseshell cover that I took to Mr. Moore the preceding evening was missed, it was an old watch that had been repaired: I was at the house when a neighbour of Mr. Moore's came in, and said there was a man went by with such a coat and button on, accordingly they ran after him and took him, he had a coat with the cloth corresponding to that button, and there was a button wrenched from it, it corresponded.

Did you hear the prisoner acknowledge the button to be his? - No, I heard him say he had been at a fight, and lost a button.

SAMUEL UPHAM sworn.

I live next door but one to the late Mr. Moore's shop, I keep a public house.

After the robbery at Mr. Moore's did he give you any information of any particular circumstance? - He sent for me on Sunday morning about half past six, and shewed me a metal button shanked, that he said he found in the shop.

Look at that button? - I am sure this is the button; he gave the button into my hand, says he, there is a number of people that comes to your house, take it and enquire for any person that wears such a button; accordingly I took it, and kept it three quarters of an hour, and delivered it to him again, then he told me what had happened, and desired if anybody should happen to come to our house with such a button and coloured coat, to take notice of them; he said, he found it under the vice board in the shop; I told him I did not see anybody that answered the description then, but on the next day about eleven in the forenoon, I was at the door serving two people with some liquor, I saw the prisoner come by with the same coloured coat, and the button was off; his coat was buttoned and his hands in his pockets; he turned his head towards the window, he made no stop, but I thought he walked rather slow, that was before he came to me, then I took particular notice that he wanted a button, and I went and told Mr. Moore that I thought the man was gone by that committed the robbery; Mr. Moore, me, and another, pursued him down Crown-alley, there we lost sight of him; we saw him again, and he was stopped, he made no resistance whatever.

When you stopped him did you observe whether his coat had lost a button? - At the Justice's I did, it was from his breast, it appeared to be torn out, it being set on with cloth of the same colour; he did not deny that the button matched with his own, but said that he was in an affray on Wednesday in Kingsland road, and might lose his button there, and another person might pick it up and drop it at Mr. Moore's, enquiring for a watch, might throw it over the sash; but the sash did not run.

Court. Then he did not say positively whether it was his button or not? - No, he seemed to signify that it matched with it.

Was he then told where the button was found? - No.

Prisoner. What is the reason you was not at Mr. Wilmot's to give your evidence? - I was there, but nobody was called in but Mr. Moore, and the man that took you.

Did I refuse going with you? - No, you went along easily, you said you would go anywhere with me.

Was not I searched at Mr. Wilmot's? - Yes.

You remember there was no sum of money found about me? - I did not see him searched.

I was present when the prisoner was apprehended; being very well acquainted with Mr. Moore, I was with him on the Monday morning after the robbery, considering of an advertisement, when about eleven Mr. Upham, who is a near neighbour, came and knocked at Mr. Moore's door, and said the man was gone by which had the button on, he went down Crown-Alley, I followed him, I saw no such man, he then went up a little alley that leads into Sun-street, I followed and saw a man going on, then I observed the colour of the coat and button, which appeared to be like that, and there was a button wanting on his coat, he said he lost a button fighting in Kingsland-road.

Did you make any remark on the rest of his dress? - He had an apron on, and when the apron was pulled up his breeches were ragged, that was all the observation I made, I cannot say whether they were ragged or torn by accident.

SAMUEL HARPER sworn.

I am a constable, I had the coat from the prisoner's back, Mr. Moore the prosecutor, and one of the witnesses brought the prisoner to me on Monday the 11th of July, and gave me charge of him, I took him to Justice Wilmot's, and they produced a button that they found in the house after the robbe ry, which exactly corresponded with those on his coat; he said he had had a sight in Kingsland-road, and lost his button there, and that it was possible that the person who did the robbery, might bring the button into their house; there was only one button wanting upon it.

Jury. Shew us the coat.

(The coat handed up wanting the third button from the bosom.)

(The Jury ripped off all the buttons, and they were fastened on with cloth of the same colour, the same as the single button found in the shop.

Did you observe any other part of his dress at the time he was before the Magistrate? - His breeches were torn very much behind.

Did it appear to be fair worn, or torn by accident.

I should think it must be torn by accident, they were torn in strips, he did not take off any other of his clothes.

Court. Did he say that was his button, or the button of his coat? - He said he did not know but it might be his button, but if it was his button it was lost at the sight.

Prisoner. I wish for you, and the gentlemen of the Jury to know that man is a thieftaker belonging to Mr. Wilmot's office.

Mr. Harper. I am a shopkeeper and tradesman, I keep a toyshop and chandler's shop; likewise I serve every shop in Bond-street, and all that way.

Jury to the maid. Who sweeps out the shop? - Nobody but myself, I swept it always.

Had it been swept that day? - No, it had not.

Was you much in the shop? - Yes, a great deal.

Was anybody there late in the evening? - No, Sir, nobody came into the shop, because my master was not at home, and I am very sure the button was not there before I went to bed.

PRISONER's DEFENCE.

My Lord, I mean to satisfy you, and the gentlemen of the Jury, that I could not be the man that committed this robbery, by calling one Thomas Ireland ; two of those witnesses were not on my examination before.

Mr. Garrow. That arises from Mr. Moore's being dead since he was examined. which makes it necessary to call other witnesses.

THOMAS IRELAND sworn.

On the Saturday which is reported to the night the robbery was done, Mr. Astill

Then you do not mean the 9th of August? - Yes, I do, it was last month, now I am sensible it was last month.

Recollect yourself, this is September, you say it was the 9th of August? - I am sure it was, I am positive that night he was with me, on the 9th of August, about six weeks ago, i was not farther back, it was not June or July.

Where was he, Sir, with you on the 9th of August? - I must tell my story as near as I can, and I will do it with as much justice as I can; he called upon me on Saturday evening, he sent for me out of the playhouse, we drank a pint of porter together, and he and I went home together, and my wife was gone to a sister of hers who was in labour in Ratcliff-highway, I live in St. Martin's-lane, we waited at our house till four o'clock.

You remember the time particular by the labour? - I will tell you presently; he told me he was taken up for a robbery in Moorfields; says I, you could not, you was with me that night, my wife's sister was in labour; I said the 9th of August but I was mistaken, I will swear it was on the Saturday night the 14th.

Will you swear that it was the 10th of August? - I will swear it was the Saturday the robbery was committed.

What are you? - I am a carpenter, I live in St. Martin's-lane.

Can you tell us any thing by your books? - I have not my book, it is six or seven weeks ago; I do not come here with a studied story.

Will you undertake to say that it was not in September? - Yes, it is longer ago.

What makes you think it was not July? - I have sworn before he was with me on the Saturday night, on the Monday I saw him in Clerkenwell.

On Saturday the 9th of August? - I will swear it was the 9th of August.

Court. Whereabouts in St. Martin's-lane do you live? - Next door but one to May's-buildings; I have lodged at the butcher's shop about twelve months.

Who do you lodge with? - The landlady who keeps the house, she keeps a publichouse in Red Lyon Square, her name is Treble, one Mr. Buir keeps the butcher's shop next door to Mr. Treslove, there is a baker on the other side whom I do not know.

Who do you work with? - At Covent Garden theatre.

Court to Jury. This is an aukward circumstance, such a one as will make any jury pause much upon it, at the same time it is but a circumstance, and I must say that I do not think it by any means a conclusive one; you, however, are the proper judges; it is not for me to impress upon you what I think upon it, but I confess, as the man's life is to depend on a single circumstance, I could with that circumstance had been more conclusive; but if it is so convincing in your minds that you cannot get over it, you will discharge your consciences; if there is a probability that it was not his button, if there is a possibility that it was not his button, perhaps you may think it too much to take away his life upon a single circumstance.

(The Jury desired to withdraw.)

Court. Gentlemen of the Jury, before you withdraw, my brother Gould wishes me to mention to you what is extremely proper, that though many people have been convicted upon circumstances only, yet one cannot recollect a case in which a man has been convicted on one single circumstance, several circumstances combining together have great weight with a Jury: but where there are no circumstances to corroborate each other, but a case depends on one single circumstance; there to be sure the weight of it is very much abated.

I know the prisoner by seeing him before the Lord Mayor, that was the first time, I only prove the property.

ELIZABETH STANHOPE sworn.

I live at No. 26, in Cornhill, at Mr. Cowe's, a silversmith; I was standing at the window, I saw a man go by with a cloak under his arm, it was last Wednesday week, but I do not know the day of the month, it was about ten minutes before seven in the evening, and about a few minutes after, I saw another man opposite the shop door with a shew-glass in his hand, and I saw the other man come out, and throw the cloak over the glass, and they both went past the window where I stood; I know nothing more, I know nothing of these two men.

How far is your shop from the prosecutor's shop? - Almost opposite.

Mr. Garrow, Prisoner's Counsel. What window was you sitting in? - The kitchen window up one pair of stairs.

You had a good opportunity of observing the two men from there? - Yes. I observed the dress of the man that had the cloak, he had a dark coloured coat, nankeen waistcoat, his own hair over the shoulders, and a hat on his head.

What breeches had he? - I did not take notice.

JOHN STRAHAN sworn.

I am a shopman to the prosecutor, on Wednesday the 31st of August last, about seven in the evening, a woman and a boy came into the prosecutor's shop to buy a pair of buckles while I was engaged with the woman and a boy, the man came into the shop, I looked at him, and asked him what he wanted, and he went down the steps to the door, in the mean while the woman and the boy kept me in conversation respecting the buckles, they bought the buckles, and they went out of the shop, I saw the woman go out of the shop without a cloak on her shoulders; she was a meanish looking woman, I followed to the door suspecting nothing of it, when I returned back I missed the shew-glass.

Do you know the man that came into the shop if you were to see him? I think I should.

Have you ever seen him since? - Yes, I saw him at Guildhall, and then I knew his face, I think he was but a very little time in the shop, I saw him and another walk backwards and forwards before he came into the shop.

Can you undertake to say you should know that man that came into the shop, and stepped out again? - The prisoner I believe is the man.

From the very slight opportunity you had of observing him, can you swear positively that is the man? - I cannot positively swear it, but I believe he is the man.

Did you see the man go out as well as the woman and the boy? - Yes, he stood with his back to the door, then I spoke to him and he went on the step, then I saw nothing in his hand, I supposed he belonged to the woman and the boy, the woman and the boy kept me in talk for a few minutes after he went out.

Jury. In what part of the shop was the shew-glass? - Upon the counter, about a yard and half from the door, my back was to the show-glass, I was obliged to watch the woman and the boy.

Mr. Garrow. Your shop is but a small one I understand? - Yes, in 'Change-alley.

What age might the boy be? - I suppose about fourteen.

Did he or the woman go out first? - I cannot say, they both went out together.

ALEXANDER BARLAND sworn.

I was sent of an errand for my master, Mr. Neaves, at the Fleece and Sun, Threadneedle-street, and going along, I saw a man standing by a shew-glass under the gateway, in Swithins-rents, when I returned the shew-glass was uncovered, I was not gone above three or four minutes at furthest, the cloak was under his arm, I looked round and saw it stand, says I, friend what have you got here, I do not know what it is, said he, I had only the curiosity to look at it; I asked him if it was his, no says he, it is not mine, I know nothing of it; I asked him if he knew whose it was, says he, I believe it is some Jew's box, says I, it does not look like a Jew's box, it is a shew-glass, he said he would go and see whose it was, and I went after him, I brought him back, and some of the pocket books were taken out while we went across, and when I brought him back he took some things out of his pocket, but what I cannot tell, and threw them into the case, and broke the glass, and a porter took the case up after the things were all put in, and took it away to my master's house till we found the right owner of it.

Who is that man, do you know him? - Yes, I dare say I know him if I see him.

Is he in Court now? - This is the man.

Is that the man? - Yes.

This is a very public place where you saw him? - Yes, just under the gate going up to the Edinborough coffee-house, when I first saw him, he was standing by the arch-way, and the case was by him on the ground.

He had not hold of it when you first saw him? - No.

There was a cloak over it then? - Yes. when I came back again in three or four minutes it was there still, and he was there, and had taken off the cloak, and was looking at it.

There were a number of people passing and repassing? - No, I saw nobody pass or repass at the time.

What time of the day was it? - About seven at night.

On the 31st of August? - Yes.

Was it day light? - Yes.

How far up the alley was this case? - It was above three or four yards up the alley.

A number of people were passing and repassing in the street? - Yes.

EDWARD WHITE sworn.

About seven on Wednesday was three weeks, the last witness came to me, and

said, there was a cloak under his arm, had taken some things out of a box that he found did not belong to him; when we came up some of the things were laying on the ground, and he denied having any thing in his pocket, and he then took some things out of his pocket, and threw them on the shew-glass, and broke and shivered it to pieces, we then took the box into the Fleece, the things were in his pocket, numbers of them.

What things were in his pocket? - Among the rest of the things, two or three purses, and some pepper castors, I saw him throw these things out of his pocket, some fell over on the ground, and some fell through into the shew-glass.

Did he make any attempt to go away? - No.

Jury. Could he have made his escape if he liked it? - Yes, Sir, Barland left me the same way, he came to me, and this man followed Barland, he might have gone any way.

Court to Barland. Did you hear him say so? - Yes.

THOMAS EDWARDS sworn.

I was coming up Threadneedle-street, when he was in custody, I saw him take the cloak off the shew-glass, and throw it upon the stones, then he took up the cloak again, and said it belonged to him, and he put it under his arm, then we took him to the public house, and when he came to the public house he chucked it on the bench, and said, he knew nothing of it, the case was then carried up stairs, this was in the alley, and a man had got hold of him by the collar, that was Barland.

Mr. Garrow. Was White with him at the time? - I cannot say.

Pray Mr. Edwards, who are you? - I am one of my Lord Mayor's servants, hall-porter to the Mansion house, this is the third Mayoralty.

Have you never been a groom? - No, never, in my life.

I ask you upon your oath, have not you within this month called yourself a groom? - No.

(The shew-glass produced and deposed to.)

ANTHONY HARRISON sworn.

I know nothing of the robbery, I only went to Tom Gray 's and found this letter.

Court. We cannot take any notice of the letter unless the prisoner was present? - He was in custody.

PRISONER's DEFENCE.

I was coming through Swithing's-alley, and I saw this box covered with a cloak, it attracted my curiosity, this man came up, and asked me whose box it was, I said, I fancied it belonged to some Jew, I snatched up the cloak, and there was a piece of broken glass dropped out of the cloak, says he, what have you put in there, says I, I have put in nothing, it was a piece of broken glass dropped out of the cloak, I put the cloak over my arm.

Court to Strahan. Nobody else was in the shop? - I saw the show-glass, just before the woman came into the shop, I passed by it to serve her, I did not see it after.

The prisoner called one witness to his character.

NOT GUILTY .

Tried by the first London Jury before Mr. RECORDER.

Reference Number: t17850914-126

846. WILLIAM COOK was indicted for feloniously stealing, on the 10th day of June , fifty-seven guineas, value 59 l. 17 s. one half-crown, value 2 s. 6 d. one canvas bag, value 1 d. one purse, value 6 d. and twenty pounds in monies numbered, the property of Charles Lockwood , and one promisory note, value 80 l. and one other promisory note, value 60 l. the property of the said Charles Lockwood , in the dwelling house of Dorothy Wright , widow .

The prisoner was my servant , I lost my property on the 10th of June, it was in my bed chamber, at the bottom of my box, the bottom was broke out with a chissell; I saw the box about eleven that same day, it was all safe then, and the money and the notes in it, I locked the box, and I locked the room door, and came down again; I locked the key of the bed room, after making the door safe, in the ostlery, it was so till eight or nine at night, then the prisoner at the bar came for twelve shillings, which I gave him; he said he wanted to go and buy him a pair of shoes, I told him to stay till the next day, because I was going out; he said he must go that night; I gave him the key of the ostlery, to got the key of the bed room; he said he wanted to put on a pair of stockings; he brought the key of the ostlery to me, when I was down in our tap, he never gave the key of the bed room to me; I staid there some time, and he went out in the street drinking with the coachman, he said he had not bought the shoes; I went out, and returned in three quarters of an hour, and when I came back to go to bed, I looked for the key of the bed room, which was not there, and I found it in the stable; I went and unlocked the bed room door, it was locked the same as I locked it; I undressed myself, and just as I was going into bed, I thought I heard something make a noise, I got up, and saw nothing; but I saw two letters lay, which had been inside the box; I said to myself, these are my letters, and it surprised me, then I looked further, and I saw the box was broke open, and the money was gone, and the notes, there were fifty seven guineas and a half, and half-a-crown, two banker's notes, one eighty-pound, and the other sixty-pound; in consequence of this loss, I had the prisoner taken up; when the con stable took charge of him, he searched him, and found nothing upon him; then he said you cannot hurt me, you have found nothing upon me.

Did he say any thing about finding any thing upon him, before he was searched? - Not to my knowledge, he was discharged by the Mayor, and in consequence of what I heard he was taken up again.

What money was taken from him, when he was taken up a second time? - He was not searched the second time as I know of.

ANN ROSE sworn.

I live at Endfield, just by the Rose and Crown, my father drives chaises, and has done these thirty years; I was going down by the Endfield coach one day, and he asked me to drink in Bishopsgate-street, it was about a month before I spoke of it, and in paying for this pint of beer, he pulled out four or five guineas, I cannot say to a guinea, I said let me shake hands with you; he said that was old Charles's money, and he had been in coop for a week.

Had you any further conversation with him? - No, I saw a purse in his hand, I had heard of Lockwood's robbery, in consequence of which, I mentioned the conversation; nobody was present, he did not tell me who he meant, but I know who old Charles was, but I did not know he had been in coop.

Mr. Keys, Prisoner's Council. What are you? - A servant, I am in place now, I was out of place then.

You used to travel backwards and forwards with this Mr. Seton on the coach box? - No.

You know all the ostlers and people in the Black Swan-yard? - No, Sir.

He voluntarily told you this? - Yes, I had not heard of the robbery, I spoke of it to Mr. Seton as I was going down in this coach one day.

What did you say to Seton about it? - Seton asked me about it.

Was not you promised a reward by Seton if you spoke of this? - No, Sir.

Who was by at the time? - Other passengers.

Do you know Jordan the book-keeper? - Yes, he was not by, nobody was by as I know of.

This young woman was going down with me somewhere about Stamford-hill, I said to her, give me leave to ask you one question, will you answer me? yes, says she, I will; says I, do you know of one old Charles being robbed? says she, I saw Will with four or five guineas in his hand at the Coach and Horses, and a silk purse, and he said that was the money he had been in coop for a week, upon that I gave information, and he was taken up.

Mr. Keys. How long have you known Ann Rose ? - About three years and a half.

Have you known pretty much of her during that time? - Up and down upon my coach, she always paid me.

Do you think she is a person that ought to be believed upon her oath? - I do not know but she may.

Is she a woman of a fair character? - I never saw any thing against her.

MARK JORDAN sworn.

I am a book-keeper at the Four Swans, and have been so these thirty-four years.

Do you know this Ann Rowe ? - Yes.

Do you think she is a person to be believed on her oath? - No, I do not.

Mr. Garrow. Then my Lord, I do not ask the Jury to convict a man upon the testimony of such a witness.

Court. That is very handsomely given up; you will acquit the prisoner.

NOT GUILTY .

Tried by the first London Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-127

847. JOHN STURLEY was indicted for feloniously stealing, on the 12th day of August last, one silver watch, value 40 s. a steel chain, value 4 d. a trinket, value 2 d. the property of Henry Gay , in the dwelling house of Nathaniel Gay .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-128

848. THOMAS COLEMAN and WILLIAM LOVERIDGE were indicted for feloniously stealing, on the 27th day of August last, four guineas, value 4 l. 4 s. four half-crown pieces, value 10 s. and six shillings in monies numbered, the property of William Hartley , privily from his person .

WILLIAM HARTLEY sworn.

I was walking along, and I was dry, I went into a publick house in Rosemary-lane , last Saturday night was three weeks, to get some beer, about three, and came away about half past nine; I was waiting for some shipmates, I was in liquor when I came away, I paid my reckoning, and felt my gold in a piece of brown paper, four guineas, four half-crowns, some shillings and sixpences, and soon after I found my pocket was picked, and a woman said, I will tell you on Monday who has picked your pocket; I remember feeling the prisoner's hand upon my thigh, one on one side, and one on the other, they both came up to me, and gave me a push, one on one side, and one on the other, the woman was not near me.

ANN HUTTON sworn.

I saw this man at the public house, the 27th of August, he was rather dozing, laying his head on the table; the two women were drinking in the same box, he got up and and went out of doors, and stumbled, and the two prisoners came in, and stumbled against him, and I saw the prisoner Loveridge's hand in his left hand pocket, and I saw Colman put his hand into another pocket and shut it, then they both ran out of the back door.

Thomas Taylor and Joshua Gray apprehended the prisoners, and found nothing upon them.

Prisoner. Mrs. Hutton was in liquor, she said she was very sorry for what she had done.

849. MICHAEL YOUNG was indicted for feloniously stealing, on the 2d day of July last, twelve pounds weight of bacon, value 6 s. the property of Edward Hall .

The prisoner was taken with the bacon upon him.

GUILTY .

To be confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-130

850. SARAH ROYSTON was indicted for feloniously assaulting John Watts on the King's highway, on the 4th day of August last, and putting him in corporal fear and danger of his life, and feloniously taking from his person, and against his will, one guinea, value 1 l. 1 s. ten copper halfpence, and two shillings and sixpence in monies numbered, his property .

NOT GUILTY .

Tried by the second Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-131

851. THOMAS LESTER was indicted for felonionsly stealing, on the 30th day of August last, two quart pewter pots, value 2 s. and eight pint pewter pots, value 4 s. the property of William Turner .

The prosecutor and witnesses not appearing, the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-132

852. RICHARD PAYNE and THOMAS THOMPSON were indicted for feloniously stealing, on the 16th day of August last, two canvass sacks, value 6 d. one lock, value 1 d. two keys, value 3 d. two hens, value 6 d. and one cock, value 6 d. the property of John Hedges .

BOTH NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-133

853. SARAH KEYWOOD was indicted for feloniously stealing, on the 24th day of August last, one silver table spoon, value 12 s. the property of William Green .

There being no evidence the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-134

854. JAMES PILE and MARY SMITH were indicted for feloniously stealing, on the 9th day of September , two cotton frocks, value 2 s. one silk bonnet, value 2 s. and one linen towell, value 6 d. the property of James Collins .

The prosecutor and witnesses not appearing, the prisoners were ACQUITTED .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-135

855. CORNELIUS BLAND , THOMAS BLAND and THOMAS LONG were indicted for feloniously stealing, on the 2d of August last, one bushel of apples, value 5 s. two dozen of cucumbers, value 3 d. the property of Robert Pryke .

856. JOHN DIXON was indicted for feloniously stealing, on the 26th day of August last, three plate coach glasses, value 40 s. the property of John Stanbridge .

GUILTY .

To be confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-137

857. WALTER KELLEY was indicted for feloniously stealing, on the 24th day of August last, one man's hat, value 9 s. the property of Thomas Cox .

GUILTY .

Whipped .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-138

858. MARY PARKER was indicted for feloniously stealing, on the 8th day of April last, two linen table cloths, value 5 s. the property of John Hickman .

GUILTY .

To be confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-139

859. MARY HYMER was indicted for feloniously stealing, on the 3d day of July last, one silver watch, value 3 l. one steel chain, value 6 d. one steel seal, value 6 d. and one key, value 1 d. the property of Thomas Brown .

THOMAS BROWN sworn.

I am a seafaring man ; on the 3d of July I lost a watch; I was going down Angel-gardens , and the prisoner stood at a door, and she asked me to go in, I said I would if she would give me any thing; when I got in she asked me what I was going to give her to drink, I said I had no money, she asked me to stay all night, and I said I could not, having no money; she said I might leave her my watch, no, says I, if I leave her I shall never see her no more; she never left me till she got it from me, which was in the course of a few minutes, she loosed two buttons of my breeches; there were her and two more, but the other two did not touch me, and the prisoner clicked it out of my pocket, and before I got my breeches made fast she was out of my sight, and I cried stop thieves, and they cried thief; it was about eleven at night; it was not a very dark night; I never saw her before; I was in the house with her two or three minutes; I pursued her; she was taken by Mr. Fletcher a few minutes after; I knew her again; the watch was silver, and has never been found; but the gentlewoman where they live, proffered to buy me a watch of three guineas price before the Justice committed her.

Prisoner. The gentleman was at my lodgings, and he said he would take three guineas.

MARGARET SWANSKIN sworn.

On the 3d of July I had occasion to send my girl a few doors down, and looking after her, I saw the prisoner and two more women, and a man, running along, and crying stop thief; the prosecutor ran a few yards till he came to my house; I directed him to Mr. Fletcher.

On the 3d of July I was in bed, I heard the cry of stop thief, I enquired the cause, and broke open the door, and took them all three to the watch-house, I found nothing upon them.

PRISONER's DEFENCE.

I know nothing of the watch, I never saw the gentleman.

GUILTY .

To be confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-140

860. JOHN MYERS was indicted for feloniously stealing, on the 19th day of August last, one silver table spoon, value 9 s. the property of James Shakeshaft .

Mrs. SHAKESHAFT sworn.

I live in Bethnal-green road , I am wife to James Shakeshaft ; I lost a silver table spoon the 19th of August, it was marked R. I. R. and it had a mildew in the bowl, it lay on the dresser about two, I saw it there in the kitchen, I missed it by four, I went into the yard to take some stockings off the line, and it was gone.

JAMES SHAKESHAFT sworn.

On Friday the 19th of August, about a quarter past five, I was coming down Shoreditch, and a person stopped me, and told me there is a young man that has a large feeder about him, says he, if you make haste you will overtake him; accordingly I went on, and I saw him coming back towards me, I looked at him, and he was rather shy of me, and he went into a shop, and bought a brick or a roll, and began to eat it, I went up to him, says I, Myers, you have something about you; he denied it, I took him to a public house, and as soon as he came in he chucked a handkerchief upon the table among five or six more, and I heard the spoon fall out of the handkerchief, the bowl sell on the table, and this part went on the settle, I took the prisoner into a back room, and I searched him, and found nothing else upon him; I said, you must go with me, no, says he, do not take me, you may as well, well it; he struggled, and I threw him across a chair, he said, I had broke his back, I took him to the Justice, and produced the spoon, I thought it was like mine, but I advertised it, and I came home about two in the morning, says I to my wife, do you know this spoon, says she, I have lost a spoon, and would not tell you, but I have been crying my eyes out about it; says she, let me look at the bowl, I can tell by that, and she looked, and there was the mildew. (The spoon produced, having some mildew on the bowl, and marked, deposed to.)

Mr. Peatt, Prisoner's Council, to Prisoner. Do you chuse to have John Latham called? - Yes.

JOHN LATHAM sworn.

I was in the same public house where the spoon was brought in, I saw a man bring it in, and sell it to one Isaac Hagwine for four shillings; it was on a Friday, I cannot recollect the day of the month, it was a little above dining time; it was after twelve, I saw it sold, and when it was sold, this young man, the prisoner, came in afterwards, and he being a silversmith, a silver buckle-maker, the young man thought he was a better judge of silver than him, and he gave it him to sell for him, and he went out to sell it, and then was brought back again by Shakeshaft, I was in the public house when the prisoner and Shakeshaft came in; they came in together.

The prisoner called five more witnesses to his character.

Court to Prosecutor. What are you? - I am a headborough; I know the prisoner very well.

Where did you know him, and how? - My Lord, I have had him in custody.

Jury. Had you any intimation that was your spoon? - I did not know it was my

861. GEORGE SPOONLEY and JOHN LEWIS were indicted for feloniously stealing, on the 6th day of July last, 17 live same pigeons, value 10 s. the property of James Duncan , Esquire .

JAMES DUNCAN , Esq; sworn.

Between the 5th and 6th of July last, my stable was unroosed; I was there in the evening, a little before eleven, I kept my pigeons in the hay lost for my own amusement, and in the morning, between four and five, I was informed the door was open, and that I had been robbed.

JOHN TYE sworn.

I saw the prisoners in the morning, about half after two, in a field just by my house, coming down the road from Captain Duncan's, I saw these two boys with two bags, they went to a brick lump, and one of them got upon it, and the other was below with the bag in his hands; the one that got up began to make a great hole, by laying the bricks round the side, then he reached down to the others and came and took the bag from him, then a man came by, and they pretended to play, and throw at the crows; when he was gone they got up again, and the one that was not up before, handed him some long dung to shake it over the hole that they had made in the brick lump, the dung lay very near the spot, and they came down after they had covered it; I then waited a good while expecting my man to come, during which time the prisoners were walking round the lump, and kept about the field; they were hot out of my sight only once, when they were on the side of the brick lump; I waited near an hour and half, expecting he would come, but I called to a man who went by, and he went and took hold of one, I said, what have you been doing in that brick lump; and he said, me, Sir, I do not know what you mean, I am but just come into the field; I then said to the other, take out what you have been putting there; he began to cry, and said it was only some pigeons, and he found them in the field, and then he said he found them in Mr. Alsop's yard; I took them to the watch-house, and the prosecutor came and claimed them.

Prisoner. I saw the pigeons laying in a bag, and I brought them to this place, and put them there, as I wanted to go to work.

Court to Prosecutor. Who are these boys? - They are two boys, whose mothers live, I believe, in the parish, and are washer women, they have been frequently with me begging, I would do all I could for favour to be shewn them; there is a well known gang of them, the eldest of whom is not twenty, who are frequently stealing chickens: I suppose they lifted one another up atop of the wall, and then unroofed the hay loft.

BOTH GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-142

862. THOMAS TIPPING was indicted for feloniously stealing, on the 25th day of August last, 30 lb. weight of old pipe, value 2 s. belonging to George Graham , and then and there fixed to his dwelling-house, against the statute .

GEORGE GRAHAM sworn.

My pipe and pump-handle were cut.

THOMAS READY sworn.

About five, or before, in the morning, the 25th of August, I was alarmed by the

noise of thieves in the cellar, I ran down the stairs, we looked about, I thought the thief was gone up the chimney, and they brought a light, and there he was.

JOHN WEBSTER sworn.

I stood below at the bottom of the chimney, and I saw the prisoner come down.

PRISONER's DEFENCE.

A boy knocked me down, and my hat flew off into the cellar, and I went down for it, and while I was down they cried thieves, and I went to hide myself.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-143

863. WILLIAM HARBOUR was indicted for feloniously stealing on the 19th day of July last, one pair of men's leather shoes, value 4 s. the property of Serjeant Smith .

SERJEANT SMITH sworn.

I am a shoemaker in St. Giles's , I lost a pair of shoes from the window, on the 19th day of July last, they hung there, I missed them soon after, and was informed the prisoner had taken them, I pursued him to the bottom of Newtoner's-lane, which is a very little distance, he had one shoe in each pocket, he took these shoes out of his pockets himself in my presence.

(Deposed to.)

ANDREW JOHNSON sworn.

I saw the prisoner take one or two shoes, I could not tell which; I told the prosecutor, and we pursued and took him, he delivered up the shoes; he behaved exceedingly civil, and did not hesitate in the least.

PRISONER's DEFENCE.

I met a person who owed me a trisle, and he gave me these shoes for 4 s. 6 d. and I put them into my pocket.

The prisoner called three witnesses who gave him a very good character.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-144

867. FRANCIS DIXON was indicted for feloniously stealing, on the 15th day of August last, one cloth great coat, value 6 s. the property of Edward Rhodes .

EDWARD RHODES sworn.

I am a hackney coachman , I lost my great coat, it was on my box when I got off to let out my fare, and I turned to follow them into the house for my money, and I was told my coat was taken by that man, I followed and took the prisoner with my coat on his shoulder, I lost sight of the other two. (The coat deposed to.) This is the third coat I have lost this summer, and I have never another coat but this.

Prisoner. I picked up the coat from the ground.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-145

865. THOMAS PROBERT was indicted for feloniously stealing, on the 14th day of September last, twelve pair of shoe buckles, value 6 s. and four pair of stuff shoes, value 4 s. the property of Samuel Simkins .

SAMUEL SIMKINS sworn.

I am a shoemaker , in little Warner-street, Coldbath-fields , I lost sixteen pair of shoes,

the 14th of September, from my shop, which was broke open in the night; it was safe at nine o'clock, the top part of the door was broke open, and my shoes gone; I found nine pair of them on Thursday afternoon, they were stopped in Field-lane; I know the prisoner by sight, he lived in the same street, he rented a lower apartment, he is a child's pump maker.

ISRAEL LEVY sworn.

I was walking along, crying clothes, and I bought five pair of shoes of the prisoner, on Thursday last, between two and three, I gave 3 s. for the whole, they were very bad shoes, one pair was all bad in the upper leather.

(Deposed to.)

SIMON MARK sworn.

I bought four pair of stuff shoes of the prisoner last Thursday between three and four, for four shillings and six-pence.

(Deposed to.)

PRISONER's DEFENCE.

I am a shoemaker by trade, and getting up in the morning, I went to a leather-cutters, and I saw a man offer to sell these shoes to a Jew; I had a trifle of money in my pocket; the Jew and he could not agree, and I bought them of him; I sold them out in the street, and never went within doors to sell them; I bought them at seven on Thursday morning; all my friends are at Kingston upon Thames.

GUILTY .

Transported for seven years .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-146

845. EDWARD DAVIS was indicted for burglariously and feloniously breaking and entering the dwelling-house of John Scandret , on the 15th of September , about the hour of eight in the night, and burglariously stealing therein two iron vices, weight 58 lb. value 21 s. the property of Francis Lawley .

FRANCIS LAWLEY sworn.

I am a steel worker ; I work in the Black-raven-passage, Fetter-lane , I work in a shop that joins the prosecutor's house, there is a house of each side of it, it joins both these houses; it is a private passage.

Court. Are there any rooms over your work-shop? - None at all, nor any communication to the house: on Thursday morning I went out, and I locked up the shop, the inner door, with a padlock, hasp and staple, and the outside door upon the spring lock; I came home about twenty minutes after eight, as near as possible, in the evening, and I found the box staple wrenched back, I went in and felt in the dark, and I missed my vice, and then another; I got a candle out of Mr. Scandret's house, and the prisoner came out of the house, and came into the shop to me, and he says, God d - n you, this is the third time your shop has been robbed; I said, I know it has; he said, why did not you take your vices and lock them at Mr. Scandret's, as you did the second time you was robbed; then I came into the public house, and he brought me a pot of beer, and says, God d - n you, here, drink, you will find it out in time; I went down into the vine vaults, and I received information that the prisoner was the man that robbed me, I went to the neighbouring pawnbroker's, and I found the vice at Mr. Ferris's; I am sure of the vice; I found it within ten minutes, and I found the other that is here at an old iron shop in Shoe-lane, at one Mr. Kent's; one vice is broke in the spring belonging to the flower, and the other is broke in the second turning in the worm in the box; there are not, I suppose, two such vices in the kingdom; I came back again to Mr. Scandret's house, and there the prisoner sat drinking; I took him out of the house, and got assistance; I took him to

the corner of Stone Cutters-street, and there he began to cry, and begged for mercy, and acknowledged he had robbed me; he said he would give me my property again.

Did you make him any promise? - None at all; he wanted to go into a public house, and I took him out of the same house, and there he said he had not made away with much of the money; he said he had pawned one for five shillings and six-pence.

Prisoner. I beg to ask the witness whether he was not tried capitally at this bar; another thing, I have it not in my power to employ a council, and I hope you will look over that bit of paper before my trial goes on; I hope your Lordship will have the kindness to do me justice.

Court. Has the witness been ever convicted so as to disqualify him? - I was tried in this court, doubtless, but it is many years back; I was not called on my defence, I was honourably acquitted.

LAWRENCE PEARSON sworn.

I am shopman to Mr. Ferris, this vice was pledged at our shop on this day evening, a little after eight, by the prisoner; I am sure of his person; I never saw him before; he has the same dress on now that he had then; the prosecutor was with me about ten minutes after; I gave him the description of the man; I saw the man two days following; I have no doubt at all of him.

(The vice deposed to, being broken in the flower.)

JOHN DAVIS sworn.

I was coming through the Blackraven-passage, and I went in to have a pint of beer, the prisoner came in to me, and presently news came in that the shop was robbed, and he said to the prosecutor, d - n your foolish soul, this is the third time your shop has been broken open, and said, if you had carried the vices to Mr. Scandret's house you would not have lost them, I went with the prosecutor to Mr. Pearson's shop, where the vice was found, then when we came back the prosecutor charged him with the robbery, and he took him down to Stonecutter-street, and then he acknowledged it in my-hearing, and we brought him back to the public house, and the prisoner said, name the things you lost in the first robbery, and you shall have them, so he named one thing or two, and the prisoner said, I cannot, they are gone.

(The following defence in writing was delivered in by the prisoner, and read by the Clerk of the Arraigns.)

To the Right Honourable Lord Judge.

Most honoured Sir,

I most humbly beg that your goodness will be pleased to excuse the way of proceeding which I have taken, and most humbly beg that you will be pleased to take my hard case into consideration, and extend your Lordship's goodness and mercy on me, as far as you may think me worthy of it, when you hear my hard case, and the primonary that I drawed into innocently; the particulars of which is as follows:

On the fifteenth instant, about seven o'clock, I was drinking with Mr. Davis, who is one of the witnesses against me, and I having occasion to go to the door, when I was at the door I was accost by a man who came up to me, and telling me that he was a stranger, he would take it as a favour if I would inform him where there was a pawnbroker, and I not thinking of the consequence that might attend a thing of the kind, I took the things which he had, and went and pawn'd them for him, and brought him the money; and by obliging, he asked me to drink, but I return'd him thanks, and told him that I was engag'd at the house he saw me come out of, therefore I wished him good night, and return'd back, and in the space of about half an hour the prosecutor came in and said his shop had been robbed, and on his mentioning these words he went out, when the witness Davis went out after him, and they

both return'd in the space of fifteen minutes, and said they had a suspicion that I had robb'd the prosecutor's shop, as they had found the things was pawn'd by me, I told them I knew nothing of it, but was willing to go any where with them, and accordingly they took me to the Compter, and I was taken the next day before the Alderman, who committed me for trial, and as I am intirely innocent of what is laid to my charge, I hope your Lordship will extend your goodness so far as to inspect into my prosecutor's character, as he has been tried in this court twice for his life; and I am well convinced this is done out of spite, because I worked for him some time ago, and not liking his proceedings, I left him; and he keeps an infamous house in George Yard, Field-lane; therefore your Lordship may judge what sort of a person he is, and as I have an undeniable character, and was never before in a primeary of the kind, I hope your Lordship will inspect into my unhappy case, and I, as in duty bound, shall ever pray;

And I am your Lordship's most devoted, and most humble servant,

EDWARD DAVIS .

The prisoner called three witnesses to his Character.

GUILTY Of stealing, but not of the burglary .

Transported for seven years .

Tried by the second London Jury before Mr. RECORDER.

Reference Number: t17850914-147

867. PHILIP RUSLET was indicted for feloniously stealing, on the 5th day of July last, twenty-three guineas, value 24 l. 3 s. and one half guinea, value 10 s. 6 d. and four pieces of foreign gold, called royers, value 4 l. 14 s. the property of Henry Levi , in his dwelling house .

Henry Harris called on his recognizance, and not appearing, the prisoner was ACQUITTED .

Tried by the first London Jury before Mr. ROSE.

Reference Number: t17850914-148

868. JOHN AUGUST was indicted for feloniously stealing, on he 16th of August last, six pewter plates, value 3 s. the property of David Wilton .

GUILTY .

Whipped .

Tried by the first London Jury before Mr. ROSE.

Reference Number: t17850914-149

869. RICHARD MARNEY and JEREMIAH MURPHY were indicted for feloniously stealing, on the 16th day of September , forty pounds weight of lead, value 2 s. belonging to Henry Capel , and then and there fixed to a certain building of the said Henry against the statute .

A second count, for feloniously stealing, on the same day, forty pounds weight of lead, value 2 s. belonging to James Haywood affixed to his dwelling house, against the statute.

HENRY CAPEL sworn.

On Friday evening last, about ten minutes before seven, a gentleman that lives opposite alarmed me, and I went out, and saw two men, as I thought, in the very act of cutting lead upon the top of my house: the noise of the people alarming them, they desisted and went to the parapet wall of my neighbour, and laid all along in the gutter: I went up stairs with my neighbour, who said, he had had a bricklayer and labourer at work all day, and had sent to them to know why they did not leave off, I went up stairs and met the prisoner Murphy the labourer; I took him in custody, I went into the garret, and just as I got into the the garret, the prisoner Murphy stood by

a basket and some tools, just by the parapet wall, where I saw him lay down under the window; I charged him with stealing lead, he denied it; the lead weighed about twenty-six pounds, it was twenty feet, it was very narrow, it is only the edging of a gutter: the house is mine.

Prisoner Marney, Did not you say you had been robbed a great many times, and I should pay for all? - I did say to the same purport, I have been robbed a great many times.

ABRAHAM DRY sworn.

In the course of last Friday, I observed these two men working on Mr. Palmer's house and one on another house, I watched them and saw Murphy lift something out of the gutter of Mr. Palmer's house, which lays higher than the other, and he afterwards got into the gutter of Mr. Palmer's house, I informed him; when I returned the prisoner Marney was at work on the house.

Thomas Palmer and William Herring confirmed the evidence of Capel.

PRISONER MARNEY's DEFENCE.

We were at work at the next door, and the parapet wall is two inches higher than the prosecutor's house, and in cutting the chips fell down, and I went on the parapet wall, and swept it away; we never were charged with a halfpenny worth of roguery before in our lives.

The prisoner Murphey called five witnesses who gave him a good character.

The prisoner Marney called one witnesses to his character.

BOTH GUILTY .

Each Transported for seven years .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-150

870. JANE FLEMING wife of John Fleming was indicted for feloniously stealing, on the 9th day of August last, two linen sheets, value 6 s. two check linen curtains, value 8 s. one copper tea-kettle, value 3 s. one bolster, value 3 s. one blanket, value 2 s. one sender, value 2 s. one pair of tongs, value 12 d. one copper sausepan, value 12 d. one stew-pan, value 12 d. the property of Andrew Wilson , being in a certain lodging room let by him to the said John Fleming to be used by the said John and Jane, in the lodging room aforesaid, against the statute .

The Prosecutor not being able to depose to a tea-kettle and saucepan which were pledged by the prisoner, she was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-151

871. CHARLES CLARK was indicted for feloniously stealing, on the 18th day of March last, one pair of thickset breeches, value 2 s. the property of Joseph Lough .

The Prosecutor not appearing the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-152

872. JOSEPH DYER was indicted for feloniously stealing, on the 21st day of July , one enamelled metal watch, value 20 s. two silver table spoons, value 20 s. one pair of silver tea-tongs, value 10 s. the property of James Thomas .

873. GEORGE BAILLIE was indicted for that he, having been convicted of being a rogue and vagabond, for being found in a certain inclosed ground of one William Scavin , and committed for six months to hard labour, was found at large having broke out of prison, and was thereupon convicted of being an incorrigible rogue, and delivered, and ordered to be detained for two years; he was afterwards at large, on the 14th day of May last, having in his possession a certain instrument called an iron crow, and a pistol, and two leaden bullets, with intent to assault some person or persons against the peace .

WILLIAM BOWYER sworn.

(Produced the records of the convictions of the prisoner, which he brought from the Clerk of the Peace, and examined by him.) It is a true copy.

(Read and examined by Mr. Garrow, Prisoner's Counsel.)

Court. Do you know the person of the prisoner? - There is a person in Court does, I do not.

Did you apprehend the prisoner at any time? - Yes, upon the night of the 14th, of May, between one and two in the morning of the 15th, coming along Great Queen-street, from the fields, I met the prisoner in company with three others, he was last and had an apron on, and this iron crow was tucked underneath the inside of his apron, I then told the rest of the men, to pursue the other two, and one of them was taken; then I took the prisoner by the arm, I searched him further, and I found this pistol loaded upon him: he was committed as a rogue and vagabond, we knew nothing, at least I did not, that this man had been committed before.

Mr. Garrow. What account did he give of having that pistol? - Would you wish me to tell you.

I am instructed to ask it? - He told me that he and seven others of them, were going to break open a house in the fields.

THOMAS MUMFORD sworn.

I belong to the gaol, I was present when he was convicted for six months, and when he was convicted for two years.

Mr. Garrow. When was the first conviction? - I cannot tell.

What was the first offence? - I believe some keys, I will not be sure.

Did you let him out on purpose to indict him? - No.

Was he let out at last? - I believe not.

He did get his pardon? - He did I believe, he was discharged in about fifteen months.

PRISONER's DEFENCE.

As I was coming down Queen-street, there were three or four men before me, and as they went past me I heard something drop, it was a pistol, I stooped and picked it up, I put it in my pocket, and I picked up the crow, and was going to put it in my apron, and he came up and took me, and they got away; Mr. Bowyer asked me what house I was going to break open.

GUILTY .

The case reserved for the opinions of the Judges, on the Act of Parliament.

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-154

874. HENRY FOSKETT otherwise FOXETT was indicted for that he, on the 25th of July last, did feloniously and falsely, make, forge, and counterfeit, and did willingly aid and assist, in the false making, forging, and counterfeiting, a certain deed, partly printed and partly written, called a bill of sale, purporting to be signed by one William Mason , and to be sealed and delivered by him, dated the 18th of July, 1785, with intent to defraud Francis Butler .

A second count, For uttering the same with the like intention.

A third count, For forging the same, with intention to defraud William Millan .

A fourth count, For uttering the same with the like intention.

FRANCIS BUTLER sworn.

I summoned one Mr. Millan, a cooper , for forty-eight shillings, in Whitechapel Court, and got an execution against him, and me and the officer went to seize the goods under this execution; there was a bill of sale, said to be signed by Mr. Millan, and the officer asked me, if I thought this bill of sale was Mr. Millan's handwriting, and I said I did not know, but I would enquire, and we enquired, and finding it was not, the prisoner was committed.

Mr. Parke, Prisoner's Council. Did you ever see Mr. Millan write his name? - Yes, many a time.

JOHN SIMPSON sworn.

I was the officer that went to levy the execution, and this bill of sale was produced, purporting to be the bill of sale of Mr. Millan, given by Mr. Foskett, and I went to Mr. Stevenson's house; I know nothing of the forgery, here is the bill of sale, and the receipt.

- STEVENSON sworn.

Whose hand-writing do you take that to be? - It appears to me to be the prisoner's.

Have you ever seen him write? - Several times.

What do you say to his hand-writing? - I could not swear to it, without I saw him write it, I would n ot for the world.

875. JOHN SIMPSON was indicted for that he, on the 7th of July last, at the parish of St. Mary Metselon, otherwise Whitechapel, did marry one Hannah Turner widow , and her had for his lawful wife; and afterwards on the 16th day of December last, at St. George's, Middlesex, feloniously did marry, and take to wife, Mary Ann Harwood , and to her was married, the said Hannah, his former wife, being then alive .

Prisoner. My Lord, I was tried for this very same thing at the last sessions, and honourably acquitted.

Court. Get the record of acquittal.

(Read.)

Court to Prisoner. Have you any body here, to prove that you are the person that was tried last sessions? - Mr. Newman.

MARY ANN SIMPSON sworn.

Was this prisoner tried at the last sessions for this offence? - Yes.

Court to Jury. Then Gentlemen his acquittal being recorded, and that being read over, he cannot be tried again for the same offence.

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-156

876. ANN the wife of WILLIAM ABBURROW was indicted for feloniously stealing, on the 9th day of August last, eight yards and an half of printed cotton, value 21 s. the property of William Gaskell .

The witnesses being called and not appearing, the prisoner was ACQUITTED .

knee buckles, value 18 d. one stock, value 12 d. one stock buckle, value 6 d. and one guinea, value 1 l. 1 s. the property of John Studley , in the dwelling house of a person unknown .

The prosecutor called on his recognizance, and not appearing the prisoner was ACQUITTED .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-160

880. STEPHEN THOMAS was indicted for feloniously stealing, on the 15th day of July last, forty pounds weight of cheese, value 16 s. the property of John Tatham .

The prosecutor saw the prisoner take the cheese out of his cart, and took him directly with the cheese.

GUILTY .

To be whipped , and confined six months in the House of Correction .

Tried by the first Middlesex Jury before Mr. RECORDER.

Reference Number: t17850914-161

881. ROGER WHITE was indicted for feloniously stealing, on the 5th day of September , one sheet, value 4 s. one pillow case, value 8 d. one shirt, value 2 s. one coverlid, value 5 s. the property of Ann Norberry , being in a lodging room, against the statute .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-162

882. THOMAS CLARKE was indicted for feloniously stealing, on the 16th day of July last, three hempen coal sacks, value 5 s. the property of Thomas Goodsall .

NOT GUILTY .

Tried by the first Middlesex Jury before Mr. Baron HOTHAM .

Reference Number: t17850914-163

883. ROGER SWEETMAN was indicted for that he not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, with force and arms, upon the 5th day of September last, feloniously did make an assault upon one Henry Sansum , in the peace of God and our Lord the King then and there being, and then and there maliciously, wickedly, and diabolically, and against the order of nature had a venereal affair with the said Henry Sansum , and then and there feloniously, wilfully, and against the order of nature, carnally knew him, and with him did then and there commit, and perpetrate that abominable and detestable crime (not to be mentioned by Christians) called buggery, to the great displeasure of Almighty God, against the form of the statute in such case made and provided, and against his Majesty's peace .

* NOT GUILTY .

* This prisoner being acquitted on this indictment, the Court ordered the evidence to be suppressed, as too indecent for publication.